S.Thulasi 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.6758 of 2020 S.Thulasi
...Petitioner
Vs.
The State
...Respondent
Rep. by Inspector of Police, B-1, Kadambattur Police Station, Tiruvellore Taluk & District.
Crime No. Not known of 2020 Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of arrest in Crime No. Not known of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.G.Srinivasan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
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 under Section 506(ii) of IPC, in Crime No.47 of 2020 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the de-facto complainant is that the petitioner along with other accused are alleged to have abused the de facto complainant with filthy language and criminally intimidated him. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused abused the de facto complainant with filthy language and criminally intimidated him.
5. Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsels,
this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: a) 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 of receipt of a copy of this order, before the learned II Metropolitan Magistrate, Tiruvellore, on condition that the petitioner shall execute a 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] 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.
[c] the petitioner shall report before the respondent police as and when required for interrogation. [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 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-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 II METROPOLITAN MAGISTRATE, TIRUVELLORE.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, B-1, KADAMBATTUR POLICE STATION, TIRVALLUR TALUK AND DISTRICT.
CC to M/S. G.SRINIVASAN Advocate on payment of necessary charges CRL OP.6758/2020 Date :04/01/2021 MN-29/01/2021