T.Mathew Vasanth v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.8187 of 2021 T.Mathew Vasanth
...Petitioner
Versus
State Rep. by The Inspector of Police, F2 Egmore Police Station, Chennai.
(Cr.No.604 of 2020)
...Respondent
PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent Police in Crime No.604 of 2020 on the file of the Metropolitan Magistrate Court No.XIV, Egmore. For Petitioner : Mr.R.Sadasivam For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 457 and 380 IPC in Cr.No.604 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 08.07.2020 the petitioner along with other accused persons broke open the shop of the defacto complainant and committed theft of old computer and mobile phones and hence, he lodged a complaint before the respondent Police.
3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he is falsely implicated in this case. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.25,000/- Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit that three computers, one cell phone and cash worth about Rs.8,000/- have been robbed. There are totally six accused in this case and the petitioner herein is A1. A2 to A5 have already been arrested and released on bail and therefore, he opposed this petition.
5. Considering the facts and circumstances of the case and based on the undertaking given by the petitioner to deposit the amount, as fixed by this Court, in favour of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner on 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 fifteen days from the date of receipt of a copy of this order, before the learned XIV Metropolitan Magistrate, Egmore, 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 and on further condition that: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the petitioner shall make a non refundable deposit of Rs.
25,000/- (Rupees Twenty Five Thousand only) to the credit of the defacto complainant without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner; (c)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; (d)the petitioner shall report before the respondent police daily at 10.30 a.m.
(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f)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/- 15/06/2021 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 XIV METROPOLITAN MAGISTRATE, EGMORE.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, F-2,EGMORE POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SADASIVAM Advocate on payment of necessary charges CRL OP.8187/2021 Date :15/06/2021 MN-01/07/2021