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Madras High CourtCRL OP/2721/2022granted

Vijay v. State Rep By

2022-02-04Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.2721 of 2022 Vijay ... Petitioner

Versus

The Inspector of Police, B-1 Tiruvallur Town Police Station, Tiruvallur District.

(Crime No.925 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 by the respondent police in Crime No.925 of 2021 pending on the file of the respondent police. For Petitioner :

Mr.P.Muthukumarasamy 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 294(b), 353, 323, 324, 307 of IPC in Crime No.925 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 27.09.2021 the defacto complainant was walking to the shop in front of the flower shop near the GRT Jewelery shop, when a person wearing a blue bunion sitting in the middle of three persons on a motorbike came from the Prithivi Medical Store Junction and he saw the 3 accused who were on a bike with number plate bearing "TN 13 1725" grab the phone from a person who was using his phone on the road and ride away quickly. The said incident is alleged to have occurred close to GRT Jewelers, Thiruvallur. Hence this 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 Additional Public Prosecutor appearing for the respondent submitted that this is the second bail application, 2 previous cases pending against the petitioner. 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 - I at Tiruvallur 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 respondent police daily at 10.30 a.m., until further orders;

(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/- 04/02/2022 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.I, TIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR DISTRICT.[FOR INFORMATION] 3 THE INSPECTOR OF POLICE, B-1, TIRUVALLUR TOWN POLICE STATION, TIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S P.MUTHUKUMARASAMY Advocate on payment of necessary charges SR.NO.1969 CRL OP.2721/2022 Date :04/02/2022 RW 09/02/2022