Govindarasu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5973 of 2022 GOVINDARASU [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, KATTERIKUPPAM POLICE STATION, (CRIME NO.15 OF 2022) For Petitioner : M/S.S.IRUSAN Advocate For Respondent : MR. V.BALAMURUGANE, Public Prosecutor for Puducherry PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 153, 505(1)(b) and 506(I) of IPC in Crime No.15 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioner may be arrested for forwarding false message through his cell phone. This Court read the alleged false message and finds that, the said message might have posed some anticipation in the minds of the general public. If, the anticipation is not such a serious nature to detain the person in prison, it is sufficient to interrogate him and complete the investigation.
3. In view of the above, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-IV, Puducherry, 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 not tamper with evidence or witness either during investigation or trial;
(c)the petitioner shall report before the Investigating Officer twice daily at 10.30 a.m. and 4.30 p.m. until further orders; (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 has 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/- 16/03/2022 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-IV, 2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY [FOR INFORMATION]
3 THE STATION HOUSE OFFICER, KATTERIKUPPAM POLICE STATION, 4 THE PUBLIC PROSECUTOR +1CC to M/S.S.IRUSAN Advocate on payment of necessary charges SR.No.4027 CRL OP.5973/2022 Date :16/03/2022 CSK 21/03/2022