B.Devendran v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirtieth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.6223 of 2021 B.DEVENDRAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, MEENAMBAKKAM POLICE STATION, CHENNAI.

CR.NO.4 OF 2021.

For Petitioner : M/S.M.JEGAN Advocate For Respondent : M/S.R.ANEESAN, Government Advocate, Criminal Side PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 77 of Juvenile Justice (Care and Protection) of Children Act, 2000, seeks anticipatory bail.

2. This is the second anticipatory bail petition. The case of the prosecution is that the petitioner has deliberately given liquor to the minor boy, who is aged about 7 years. Hence, the criminal case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that due to previous enmity, a false case has been foisted as against the petitioner. Hence, prays for grant of anticipatory bail.

4. The learned Government Advocate appearing for the respondent submitted that investigation in this case is almost completed.

5. Taking note of the facts and circumstances and also considering the fact that investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :- (a) The petitioner is ordered to be released on bail in the event of his arrest or his appearance before the learned Judicial Magistrate, Alandur, 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, and on further condition that: [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police 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 tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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 petitioners 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] [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 30/04/2021 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, ALANDUR.

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

3 THE INSPECTOR OF POLICE, MEENAMBAKKAM POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.JEGAN Advocate on payment of necessary charges CRL OP.6223/2021 Date :30/04/2021 MN-06/07/2021