Prabu @ Thiruppathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.2593 of 2022

1. Prabu @ Thiruppathi

2. Suresh ... Petitioners

Versus

State Rep by The Sub Inspector of Police, Sathanur Dam Police Station, Tiruvannamalai District.

(Crime No.351 of 2021) ... Respondent Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.351 of 2021 pending investigation on the file of the respondent police. For Petitioners :

Mr.S.Panneer Selvam For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest for the alleged offence under Section 379 of IPC in Crime No.351 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that on the date of occurrence, the defacto complainant was patrolling along with fishing contractor and while inspecting the petitioner's vehicle, they found 300 Kgs of Etroplus fishes worth about Rs.30,000/- which was stolen from the dam. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are an innocent person and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.10,000/- in total to the credit of the Registered Advocate Clerk Association, Tiruvanamalai District that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that while inspecting the petitioner's vehicle, they found 300 Kgs of Etroplus fishes worth about Rs.30,000/- which was stolen from the dam. He further submitted that there is one previous case similar nature pending against the petitioners. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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, Thandrampet, on condition that the petitioners shall execute a bond 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of the Registered Advocate Clerk Association, Tiruvanamalai District, within a period of fifteen

(15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below.

[b] the petitioners and 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 petitioners are directed to report before the respondent police on every Wednesday at 10.30 a.m., until further orders; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

-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, THANDRAMPET, TIRUVANNAMALAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, SATHANUR DAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, TIRUVANNAMALAI DISTRICT.

+1CC to M/S S.PANNEER SELVAM Advocate on payment of necessary charges SR.No.2027 CRL OP.2593/2022 Date :04/02/2022 CSK 10/02/2022