Sevi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eleventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8380 of 2022 SEVI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] JALAKANDAPURAM POLICE STATION, SALEM DISTRICT.

CRIME NO.76 OF 2022.

For Petitioner : M/S.C.PRABAKARAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 405, 424, 425, 441, 379 of IPC and 25 of Indian Telegraph Act, 1885, in Crime No.76 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is the land owner, wherein the de facto complainant has erected the tower several years ago. Now after taking over of Aircel, it is alleged that the petitioner has removed the tower selfly.

3. However, the case of the petitioner is that though the lease for 12 years, the Aircel did not pay the lease amount for several years. The tower has been defunct and disused.

4. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate No.II, Mettur, Salem District,

on condition that the petitioner shall execute a separate bond for a sum of Rs.50,000/- (Rupees Fifty 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 and on further condition that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner shall report before the Investigating Officer 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;

(g)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]; and; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/04/2022 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, METTUR, SALAM

2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION) 3 THE INSPECTOR OF POLICE JALAKANDAPURAM POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges Sr.5539 CRL OP.8380/2022 Date :11/04/2022 RVR 21/04/2022