K.Agoram v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.7100 of 2020 K.Agoram

...Petitioner/ Accused-2.

..Vs..

The State, Rep. By the Inspector of police, Sirkazhi Police Station, Nagapattinam District (Crime No. 145 of 2018) ...Respondent/Complainant 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.145 of 2018 on the file of the Inspector of Police, Sirkazhi Police Station, Nagapattinam District.

For Petitioner : M/s. Law Vision For Respondent : M.Mohammed Riyaz, APP

ORDER

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offense punishable under Sections 143, 188, 506(i) , 504 and 505 (i)(b) of IPC in Crime No.145 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons have violated the prohibition order and have threatened the officials.

3.

The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner. 4.

The learned Additional Public Prosecutor appearing for the respondent Police submitted that the investigation has been completed and final report has been filed and the same has been taken on file by the learned Judicial Magistrate, Sirkazhi in C.C.No.415 of 2019. The learned counsel submitted that the petitioner has been arrayed as A2. The learned Additional Public Prosecutor further submitted that there are previous cases against the petitioner and all those case s are related to political disputes.

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, Sirkazhi, 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 trial court during every date of hearing without fail.

[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]. [f] If the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 10/06/2020 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, NAGAPATTINAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, SIRKAZHI POLICE STATION, NAGAPATTINAM DISTRICT.

CC to M/S. LAW VISION Advocate on payment of necessary charges CRL OP.7100/2020 Date :10/06/2020 RVR 09/07/2020