Madras High CourtCRL OP/1879/2022granted

Ranjith Kumar v. The State Rep By

2022-01-28Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1879 of 2022 Ranjith Kumar ... Petitioner

Versus

The State represented by The Sub Inspector of Police, Meensurutti Police Station, Ariyalur District.

(Crime No.416 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.416 of 2021 pending on the file of the respondent police.

For Petitioner :

Mr.Hariharan for Mr.P.Parthi Kannan For Respondent :

Mr.N.S.Suganthan, Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 379 of IPC, 1860 in Crime No.416 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint on 22.07.2021 against unknown accused. On 21.05.2021 he parked Two wheeler TVS XL left side of the Road nearby Thazhuthazhaimedu Indira School and left after a natural calls, at the time an unidentify person took the vehicle. He make a noise, the person escaped quickly with the bike. Hence he filed complaint before the respondent police on 22.07.2021. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner is the bike mechanic, he dismantle stolenly and he assisted the A1 and 2 previous cases pending against the petitioner, co-accused already released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate - II, Jayankondam, Ariyalur District, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the Jayankondam Police Station on every Tuesday at 10.30 a.m.

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, JAYANKONDAM, ARIYALUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR DISTRICT.[FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, MEENSURUTHI POLICE STATION, ARIYALUR DISTRICT.

4 THE OFFICER INCHARGE, JAYANKONDAM POLICE STATION, ARIYALUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.P.PARTHI KANNAN Advocate on payment of necessary charges SR.NO.1370 CRL OP.1879/2022 Date :28/01/2022 RW 01/02/2022