Sinekidhan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.3181 of 2021 Sinekidhan ... Petitioner -VsState Rep, by ... Respondent Inspector of Police, Kottur Police Station, Thiruvarur District.

(Crime No.158 of 2021) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.158 of 2021 is pending on the file of the respondent police.

For Petitioner : Mr.Swami subramanian For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The case has been heard through video conference The petitioner, who apprehends arrest for the alleged offences under Sections 341, 294(b), 352, 427 and 506(ii) of IPC, in Crime No.158 of 2021, on the file of the respondent/Police, seeks anticipatory bail.

2.The case of the prosecution is that on 05.02.2021 at about 04.30 p.m., while the defacto complainant in his duty driven the public bus from Mannargudi to Thiruthuraipoondi at that time, the petitioner along with other accused persons came in a bike, stopped the bus and there was a quarrel between the defacto complainant and also abused and attacked him with hands and also damaged the bus. Hence, the complaint was registered. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with this crime and he has been falsely implicated in this case. He would further submit that co-accused have been granted anticipatory bail. He would further submit that there is no previous case pending as

against the petitioner. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that on 05.02.2021 at about 04.30 p.m., while the defacto complainant driven from Mannargudi to Thiruthuraipoondi, the petitioner along with other accused persons quarrel with the defacto complainant and attacked him with hands and also damaged the bus. He would further submit that co-accused have been granted anticipatory bail and the injured person has been discharged from the hospital. Hence, he vehemently opposef for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the co-accused have been granted anticipatory bail and there is no previous case pending as against the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 Judicial Magistrate No-II, Mannargudi, Thiruvarur District, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which this petition for anticipatory bail shall stand dismissed 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 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 19/02/2021 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 JUDICIAL MAGISTRATE NO.II, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVARUR [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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

+1 CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges SR NO. 2039 CRL OP.3181/2021 Date :19/02/2021 MN-26/02/2021