R.Mani @ Manivannan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.5032 of 2020 R.Mani @ Manivannan .. Petitioner Vs.

The State rep. by The Inspector of Police J-8, Neelangarai Police Station, Chennai District.

Cr.No.30 of 2020.

.. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.30 of 2020, on the file of the respondent Police.

For Petitioner : Ms.Indira R.S For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest for the alleged offences under Sections 448, 323, 506(i) of IPC, r/w 3 of TNPPDL Act in Crime No.30 of 2020 on the file of the respondent Police, seeks anticipatory bail.

2 The case of the prosecution is that on 21.11.2019, the petitioner along with the other accused went to the defacto complainant's office and attacked the defacto complainant and also caused damages to all the glass and wooden items. The petitioner is ranked as A3. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and no way connected with this crime and he has been falsely implicated in this case. He would further submit that A1 and A2 were already arrested and released on bail. Hence, he prays for anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is ranked as A3. He would further submit that A1 and A2 were already released on bail by the Principal Sessions Court, Chengalpet.

5. Considering the facts and circumstances of the case, the coaccused were already released on bail, this court is inclined to grant anticipatory bail to the 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 Judicial Magistrate No.II, Alandur, Chennai, 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 once in a week i.e., every Monday 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 229A IPC.

-sd/- 04/01/2021 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, ALANDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PRINCIPAL SESSIONS COURT, CHENGALPET.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, J-8, NEELANGARAI POLICE STATION, CHENNAI DISTRICT.

CC to M/S.INDIRA R.S. Advocate on payment of necessary charges CRL OP.5032/2020 Date :04/01/2021 cs 18/01/2021