Parthiban v. The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.4926 of 2025 Parthiban S/o. Selvaraj, East Street, Seedevi Post, Rishivandiyam Via, Ulundurpet Taluk, Kallakurichi District.
Petitioner(s) Vs The Station House Officer, Rishivandiyam Police Station, Kallakurichi District. Cr.No.337/2024.
Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.337 of 2024, on the file of the respondent police. For Petitioner(s) : Mr. Ranjith Kumar For Respondent(s) : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl. Side) 1/6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 309(4) of BNS in Crime No.337 of 2024, on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution is that the defacto complainant purchased a two wheeler from A1 for a sum of Rs.40,000/-; that while the defacto complainant requested for the RC book of the said two wheeler, A1 gave evasive reply and stated that yet another vehicle is available for sale for a sum of Rs.19,000/-; that believing his words, the defacto complainant handed over Rs.19,000/- to A1 and subsequently, A1 and other accused cheated the defacto complainant by not handing over the RC book and the vehicles. Hence, this case.
3.
Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case, based on the confession of the co-accused; that the petitioner had 2/6
never committed any offence as alleged by the prosecution; and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioner.
4.
Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the vehicle and money was recovered from the co-accused; that the petitioner has no previous cases and implicated based on the confession of the co-accused; and that the investigation is pending, hence opposed for the grant of anticipatory bail to the petitioner. 5.
Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.
6.
Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioner, submissions 3/6
made by the learned counsels on either side, the fact that the petitioner has no previous cases, he has been implicated only based on the confession of the co-accused and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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 on which the order copy made ready, before the learned Judicial Magistrate, Thirukovilur on condition that the petitioner shall execute a separate 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, 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.
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[b] the petitioner shall report before the respondent police everyday at 10:30 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.02.2025 stn 5/6
SUNDER MOHAN, J.
stn To
1. The Station House Officer, Rishivandiyam Police Station, Kallakurichi District.
Cr.No.337/2024.
Crl.O.P. No.4926 of 2025 25.02.2025 6/6