Shabarudeen v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2398 of 2021 Shabarudeen .. Petitioner Vs.
State represented by .. Respondent Inspector of Police, K11, CMBT Police Station, Chennai.
(Crime No.29 of 2021) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.29 of 2021 pending investigation on the file of the Respondent.
For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner is A2. Apprehending arrest at the hands of the respondent police for the alleged offence under Sections 465, 48, 417, 419 and 420 of IPC, in Crime No.29 of 2021 on the file of the respondent police, the petitioner seeks anticipatory bail.
2. The case of the prosecution is that the petitioner/A2 along with A1 had allegedly published an advertisement for sale of their car in OLX and after seeing the same the defacto complainant alleged to have paid a sum of Rs.10,000/- as advance, however the accused persons have neither handed over the car nor returned the money. Hence, the respondent police registered a case against the petitioner.
3. The learned counsel appearing for the petitioner submitted that the petitioner did not indulged in any offence. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit the petitioner has not handed over the car nor returned the money to the defacto complainant.
5. Considering the facts and circumstances of the case, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned V Metropolitan, Magistrate, Egmore, 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 deposit a sum of Rs.10,000/- (Rupees ten thousand only) before the learned V Metropolitan Magistrate, Egmore to the credit of Crime No.29 of 2021, within a period of four weeks from the date of receipt of a copy of this order.
(d) The petitioner shall appear before the respondent police as and when required for interrogation. (e) The petitioner shall not tamper with evidence or witness either during investigation or trial. (f) The petitioner shall not abscond either during investigation or trial.
(g) 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].
(h) 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/- 11/02/2021 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 V METROPOLITAN MAGISTRATE, EGMORE.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE[FOR INFORMATION].
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, K11,CMBT POLICE STATION, CHENNAI.
CC to M/S.R.NALLIYAPPAN Advocate on payment of necessary charges CRL OP.2398/2021 Date :11/02/2021 MN-22/02/2021