Butvicky @ Iyyappan v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3678 of 2022 BUTVICKY @ IYYAPPAN [ PETITIONER / ACCUSED ] Vs THE STATE REPRESNT BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THOOKKANAMPAKKAM POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.48/2022.

For Petitioner : M/S.S.C.VISHWANTH Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Section 399 of IPC in Crime No.48 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that, on 13.01.2022, the petitioner and other person had met together for planning to commit robbery. Hence, the present case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case and he is no way connected with the alleged occurrence. Hence, he pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that as of now, the investigation is pending.

5.Submissions made by the learned Counsels appearing on either sides are considered.

6. The respondent police registered a case against the petitioner for the offence punishable under Section 399 of IPC. In view of the above submissions made by the learned Counsels appearing for either sides and also considering the fact that the offence committed by the petitioner is not severe, the custodial interrogation may not be necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

7.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 Judicial Magistrate No.I, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 and on further condition that:

(a) the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders. (c)the petitioner shall not tamper with evidence or witness either during investigation or trial; (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/- 16/02/2022 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.I, CUDDALORE.

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

4 THE INSPECTOR OF POLICE, THOOKKANAMPAKKAM POLICE STATION, CUDDALORE DISTRICT.

+1 CC to M/S.S.C.VISHWANTH Advocate on payment of necessary charges SR.NO.2429 CRL OP.3678/2022 Date :16/02/2022 TA-18/02/2022