Paulraj @ Balraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Paulraj @ Balraj S/o. Soundara Pandiyan Main Road, North Vattar, Mannargudi Vattar, Thiruvarur 614 717

...Petitioner

Vs.

State rep. by The Inspector of Police Thirukkalar Police Station Thiruvarur, Mannargudi 614 001 Crime. No.323 of 2020 ... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.323 of 2020 dated 23.05.2020 on the file of the respondent police.

For Petitioner : Mr. Nirmal Aditya For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 352, 500 and 506(ii) of IPC, 1872, in Crime No.323 of 2020 dated 23.05.2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was spreading some allegations against the defacto complainant and when the defacto complainant asked about the same, the petitioner has kicked the defacto complainant and threatened to kill him. 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. The learned Additional Public Prosecutor would submit that the petitioner attacked the defacto complainant and threatened him to kill.

Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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-I, Mannargudi, 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 at 10.30 a.m. for a period of two 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.

26.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

To

1. The Judicial Magistrate-I, Mannargudi.

2. Inspector of Police Thirukkalar Police Station Thiruvarur, Mannargudi 614 001

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J bga Crl.O.P.No. 9455 Of 2020 26.06.2020