Pavankumar v. The State Rep. By

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.06.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.6943 of 2020 Pavankumar

...Petitioner/A1

.Vs.

The State,

...Respondent/Complainant

Rep. By the Inspector of police, E-3, Minjur Police Station, Minjur-601 203.

(Crime No.96 of 2020) PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, seeking to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.96 of 2020 on the file of the Inspector of Police, E-3, Minjur Police Station, Minjur-601 203.

For Petitioner : Mr.M.Soundar Vijay Arul For Respondent : M.Mohammed Riyaz, APP

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 420, 506(ii) of IPC in Crime No.96 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons had taken a Mini Lorry for lease from the de facto complainant. It is alleged that the accused persons did not pay any rental amount and the accused person was handed over the vehicle. There are totally two accused persons in this case and the petitioner is arrayed rank as A1.

3.

The learned counsel appearing for the petitioner submitted that a civil dispute has been given in a criminal colour. 4.

The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner has neither paid the rental amount to the de facto complainant nor returned back the lorry and when this was questioned, the petitioner and the other persons had threatened and abused the de facto complainant.

5. Taking into consideration the facts and circumstances, 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 II, Ponneri on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five thousand only) each 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. [b] the petitioner shall report before the respondent police, as and when required for interrogation.

[c] the petitioners 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].

[g] If the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC. -sd/- 16/06/2020 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, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MINJUR POLICE STATION, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.SOUNDAR VIJAY ARUL RAM Advocate on payment of necessary charges CRL OP.6943/2020 Date :16/06/2020 TA-26/08/2020