V.Prithviraj v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.3209 of 2019 V.PRITHVIRAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, G2 POLICE STATION, PERIAMET, CHENNAI.
CR.NO.356/2018 For Petitioner : M/S.R.KRISHNAKUMAR Advocate For Respondent : MRS.PRABHAVATHI, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294 (b), 323, 506(2) and 195 A of IPC in Crime No.356 of 2018 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner who is facing trial for an offence of murder, is said to have threatened the witness and has also forced him to become a hostile witness in this case. The complaint has been given by the witness and based on the same, the respondent police have registered an FIR.
3. The learned Additional Public Prosecutor submitted that already PW1 to PW5 have been examined in chief and they have also been cross examined on the side of the accused persons and the case is now posted for the evidence of the official witnesses.
4. Taking into consideration, the facts and circumstances, this Court is inclined to grant anticipatory bail to this petitioner with certain conditions. 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 on which the order copy made ready, before the learned II Metropolitan Magistrate Court Egmore, at Chennai on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees five 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 petitioner 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.
[b] the petitioner shall report before the respondent police once in a week on Monday, at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 07/02/2019 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 METROPOLITAN MAGISTRATE, NO.II, EGMORE, AT CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
[FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, G2 POLICE STATION, PERIAMET, CHENNAI.
+1 CC to M/S.R.KRISHNAKUMAR Advocate on payment of necessary charges-Sr.2771 CRL OP.3209/2019 Date :07/02/2019 ths : 11.02.2019