Purushothaman v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1760 of 2022 1.Purushothaman 2.Lakshmidevi 3.B.V.Vishwanath 4.T.Sambangi .. Petitioners Vs.
State rep by its:- Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.
(Crime No.362 of 2021) .. Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of the arrest in Crime No.362 of 2021 on the file of the respondent or on their appearance before the concerned Court to release them on bail.
For Petitioners :
Mr.M.P.Saravanan For Respondent :
Mr.A.Gokulakrishnan, Additional Public Prosecutor *********
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 379 of IPC in Crime No.362 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that on 08.12.2021, the respondent police along with other officials were involved in regular vehicle check-up, at that time the petitioners were involved in illegal transportation of granite in their vehicles bearing Reg.Nos. KA 42 7089, TN 59 G 8301 and AP 02 W 5145. Hence the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.
However, on instructions, the learned counsel further submits that the petitioners, on their own volition, is ready and willing to contribute a sum of Rs.20,000/-each to any Charitable Purpose as may be directed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the properties involved were seized. However, he vehemently opposed to grant anticipatory bail to the petitioners.
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.20,000/- each for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioners are 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-I, Krishnagiri, on condition that the petitioners 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 petitioners are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each to the credit of the Legal Services Authority, Krishnagiri 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 petitioners 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 petitioners are directed to report before the respondent police daily at 10.30 a.m., until further orders; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 JUDICIAL MAGISTRATE-I, KRISHNAGIRI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KANDHIKUPPAM POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE LEGAL SERVICES AUTHORITY, KRISHNAGIRI.
6 THE SECRETARY TAMIL NADU STATE LEGAL SERVICES AUTHORITY, HIGH COURT, MADRAS.
CC to M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.1760/2022 Date :27/01/2022 CSK 09/02/2022