Varadarajan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.10001 of 2022 VARADARAJAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, RATHINAPURI POLICE STATION, COIMBATORE DISTRICT.

(CR.NO.711 OF 2019) For Petitioner : M/S.P.THINESH Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 171, 392 I.P.C in Crime No.711 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant has come to India from Qatar for vacation. One of his friends namely Zayaed, convinced the defacto complainant to do business of buying gold for the amount he earned from qatar and sell it in Kerala to earn profit. Accordingly, the defacto complainant went to Coimbatore along with his friends. At the time, their car was intercepted by three persons where, the defacto complainant was made to believe that they were Vigilance Officers and grabbed Rs.13,00,000/-. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. Though this is a second application for anticipatory bail, the crime is of the year 2019 and even today, the respondent have not taken any steps to secure the petitioner. Therefore, it reveals that custodial interrogation does not require in this case. Hence, 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 fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Coimbatore, 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, 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 daily morning at 10.30 a.m. and evening at 5.00 p.m for a period of 4 weeks and thereafter as and when required for interrogation. [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/- 07/06/2022 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, COIMBATORE.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.P.THINESH Advocate on payment of necessary charges SR.No.8617 CRL OP.10001/2022 Date :07/06/2022 CSK 09/06/2022