A.Arun v. The State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.6738 of 2020 A.Arun ..Petitioner Vs.
The State rep. By ..Respondent The Inspector of Police B-1, Kadambattur Police Station, Tiruvallur Taluk and District.
Cr.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 his arrest in Crime No.Not known of 2020, on the file of the respondent police.
For Petitioner : Mr.G.Srinivasan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
The petitioner, who apprehends arrest for the alleged offences under Section 506(ii) of IPC in Crime No. Not known of 2020, on the file of the respondent/Police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and the defacto complainant are relatives and residing in the same village. Due to political dispute, the petitioner is said to have assaulted and threatened the defacto complainant. 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. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that the petitioner had assaulted the defacto complainant, due to which the defacto complainant sustained injuries and was admitted in hospital. He further submits that the victim has now been discharged from the hospital. However, he opposed to grant
anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case, 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 Metropolitan Magistrate Court No.II, Thiruvallur, 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 daily 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 METROPOLITAN MAGISTRATE, COURT NO.II, THIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, B-1, KADAMBATTUR POLICE SATION, TIRUVALLUR TALUK AND DISTRICT.
CC to M/S. G.SRINIVASAN Advocate on payment of necessary charges CRL OP.6738/2020 Date :04/01/2021 MN-08/01/2021