R.Raja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.2423 of 2022 R.Raja ... Petitioner

Versus

State represented by The Inspector of Police, Kodavasal Police Station, Tiruvarur District.

(Crime No.30 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 in Crime No.30 of 2022 on the file of the respondent police For Petitioner :

Mr.K.Venkatachalam For Respondent :

Mr.N.S.Suganthan, Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 149, 427, 447, 454 and 465 of IPC in Crime No.30 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 17.10.2021 the petitioner have trespassed into the land situated in Ilaiyur Village, Kodavasal Taluk measuring 36 acres punjai land along with a building belonging to the Trust and broke open the gate and caused damages to the crops raised in the said land by using tractor and pursuant to the false complaint given by one Sridhar, said to be the Hereditary Trustee of Sri Ramanujam Pillai Garuda Vaganam Kattalai to the respondent police. 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. He further submitted that there is dispute with regarding to the enjoyment of the property. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the case in counter. 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 No.II, Tiruvarur, 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 Adambakkam Police Station on every Saturday at 10.30 a.m.

(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/- 03/02/2022 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.II, THIRUVARUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KODAVASAL POLICE STATION, TIRUVARUR DISTRICT.

4 THE OFFICER INCHARGE, ADAMBAKKAM POLICE STATION, CHENNAI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S. K.VENKATACHALAM Advocate on payment of necessary charges SR.NO.2054 CRL OP.2423/2022 Date :03/02/2022 RW 09/02/2022