K. Balu, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1809 of 2022 K.Balu ... Petitioner
Versus
The Inspector of Police, K-10, Koyambedu Police Station, Chennai.
(Crime No.1094 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 his arrest concerned in Crime No.1094 of 2021 on the file of the respondent police.
For Petitioner :
Mr.V.Maharajan For Respondent :
Mr.N.S.Suganthan, Government Advocate (Crl. Side) *********
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 353, 307, 506(2) of IPC in Crime No.1094 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is a old person and daily wages labour and on occurrence date, group of people watching in Poonamallee High road traffic because more than 50 police official try to vacate the people from their house and shop at the time, some women pouring kerosene from the upper floors. The petitioner was also just watching the incident and the petitioner's residence is not there and he is not involve in this crime and other accused released on bail and only 4 accused in FIR remaining others not arrested and not include kerosene women. 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 accused are arrested. 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 Vth Metropolitan Magistrate Court, Egmore, 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 respondent police on every Tuesday at 10.30 a.m., until further orders and to file an affidavit before the trial Court;
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(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 VTH METROPOLITAN MAGISTRATE, EGMORE.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, K-10, KOYAMBEDU POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. V. MAHARAJAN Advocate on payment of necessary charges CRL OP.1809/2022 Date :28/01/2022 CSK 07/02/2022