Purushothaman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2030 of 2022 Purushothaman ... Petitioner Vs.

The State Represented by

...Respondent

The Inspector of Police, Thirunindravur Police Station, Tiruvallur District.

Crime No. 660 of 2021.

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of her arrest by the respondent police concerned in Crime No. 660 of 2021 on the file of the respondent.

For Petitioner : Mr.S.Nambirajan 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 punishable under Sections 341, 294 (b), 336, 427,392, 397 and 506(ii) of IPC in Crime No. 660 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner threatened the defacto complainant and robbed a sum of Rs.1000/- at knife point and abused him in filthy languages and threatened him with dire consequences Hence, the complaint.

3.The learned counsel appearing for the petitioner submit that the petitioners has not been committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, he submits that the petitioner without

prejudice to their rights,on their own volition, are ready to deposit a sum of Rs.5,000/- for the charitable purpose as may be directed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the petitioner having 5 previous cases and he further submitted that the investigation almost completed.

5. Considering the submissions made by both counsel and also considering that the investigation was almost completed and also the fact that the petitioners are ready to deposit a sum of Rs.5,000/- for the charitable purpose, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioner is ordered 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 District-Magistrate- cum- Judicial magistrate No.II, Tiruvallur, , on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that: [a] the petitioner is directed to deposit a sum of Rs.

[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 has been imposed and the petitioner is 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;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

-sd/- 01/02/2022 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 DISTRICT MAGISTRATE CUM JUDICIAL MAGISTRATE, NO.II, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUNINDRAVUR POLICE STATION, TIRUVALLUR DISTRICT.

5 THE ADVOCATE CLERK ASSOCIATION, TIRUVALLUR DISTRICT.

+1 CC to M/S. S.NAMBIRAJAN Advocate on payment of necessary charges SR.NO.1528 CRL OP.2030/2022 Date :01/02/2022 TA-11/02/2022.