Sakthivel v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.2683 of 2021 Sakthivel ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Tiruvarur Town Police Station Tiruuvarur District.

(Crime No.205 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 Crime No. 205 of 2021 pending investigation on the file of the Respondent.

For Petitioner : Mr.J. Jawahar For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 399 IPC, 1992 in Crime No. 205 of 2021, on the file of the respondent police, and now, he has filed this petition seeking to grant anticipatory bail.

2. Totally, there are 5 accused and the petitioner is arrayed as A5. The case of the prosecution is that the all of the accused persons said to have made preparation to commit dacoity . Hence, the criminal case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence. He has been falsely implicated as accused in this case and prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is involved in one previous

case. The petitioner along with other accused made preparation to commit robbery. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considelring the facts and circumstances of this 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 on condition to 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 learned Judicial Magistrate, Tiruvarur, and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall report before the respondent police daily at 10:30 a.m until further orders;

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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/- 05/03/2021 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, THIRUVARUR.

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

4 THE INSPECTOR OF POLICE, THIRUVARUR TOWN POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S.J.JAWAHAR Advocate on payment of necessary charges CRL OP.2683/2021 Date :05/03/2021 TA-16/03/2021