Arockia Pathinathan @ Nathan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1772 of 2022 Arockia Pathinathan @ Nathan .. Petitioner Vs.
State by:
The Inspector of Police, G-3 Kilpauk Police Station, Chennai District.
Crime No.3 of 2022 .. 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 his arrest by the respondent pending investigation in Crime No.3 of 2022 on the file of the respondent.
For Petitioner :
Mr.M.Ravindhar For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor *********
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 353 and 506(i) of I.P.C r/w Sec. 4(1)(a), 4(1)(i) TNP act and 24(i) of COTPA act, in Crime No.3 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that on 02.01.2021, the respondent police made a surprise visit to the petitioner's shop and they found that the petitioner was involved in illegal possession of tobacco packets and liquor bottles along with a cash of Rs.6,040/-. 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. However, on instructions, the learned counsel further submits that the
petitioner, on his own volition, is ready and willing to contribute a sum of Rs.5,000/- to any Charitable Purpose as may be directed by this Court. Hence, he prays for grant of anticipatory bail. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that there is no previous case pending against the petitioner and further the co-accused already enlarged on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.5,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner.
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 Hon'ble Metropolitan Magistrate, Egmore, Chennai, 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 petitioner are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Advocate Clerk Association, Madras High Court, Chennai within a period of fifteen
(15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below;
[b] the petitioner and 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.
[c] the petitioner is directed to report before the respondent police daily at 10.30 a.m., until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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 anticipatory 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 27/01/2022 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 METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, G-3, KILPAUK POLICE STATION, CHENNAI DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, MADRAS HIGH COURT, CHENNAI.
+1 CC to M/S M.RAVINDHAR Advocate on payment of necessary charges SR.NO.1257 CRL OP.1772/2022 Date :27/01/2022 INBA~08/02/2022