Arokkiyaraj v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH, J. Crl.O.P.No.8852 of 2020 Arokkiyaraj ... Petitioner Vs.

State rep. by its Inspector of Police VIKKIRAPANDIYAM Police Station Thiruvarur District (Cr. No.197 of 2020) ... Respondent Prayer:Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.197 of 2020 on the file of the respondent. For Petitioner : Mr.J.Jawahar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 & 506(ii) IPC in Crime No.197 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there was a money dispute between the parties and the accused persons are said to have abused the defacto complainant and intimidated him and caused him simple injuries. There are totally two accused persons in this case and the petitioner is ranked as A1.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police on instructions submitted that A2 was arrested and he was later enlarged on bail. The learned counsel further submitted that victim has been discharged from the hospital and there are no previous cases pending against the petitioner.

5.Taking into consideration of 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 Judicial Magistrate-II, Mannargudi, on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five 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, 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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 17/06/2020 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, MANNARGUDI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VIKKIRAPANDIYAM POLICE STATION, THIRUVARUR DISTRICT.

CC to J.JAWAHAR Advocate on payment of necessary charges CRL OP.8852/2020 Date :17/06/2020 MK:15/07/2020