R.Sathishkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1813 of 2021 R.Sathishkumar ... Petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, Mangadu Police Station, Chennai.

(Crime No.39 of 2021 ) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.39 of 2021 on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Karthikeyan, APP

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 306 of IPC in Crime No.39 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was dispute between the petitioner and the defacto complainant with regard to cattle theft, due to which, the deceased committed suicide by hanging. Hence, the respondent police registered a case against the petitioner .

3. The learned counsel appearing for the petitioner would submit that due to previous enmity, the petitioner has been roped in this case and he has nothing to do with the offence. He would further submit that co-accused in this case has already been released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. Considering the said facts and circumstances of the case, and also the fact that co accused in this case has already been

released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions : a) Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Sriperumbudur, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only)with two sureties, 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:

[b] 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 petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 05/02/2021 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, SRIPERUMBUDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MANGADU POLICE STATION, CHENNAI.

+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR NO. 1170 CRL OP.1813/2021 Date :05/02/2021 MN-09/02/2021