G.Kalyanasundaram v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2021

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA Crl.O.P. No.8422 of 2021 1.G.Kalyanasundaram 2.K.Rajeshkannan 3.S.Chandrasekar .. Petitioners/ Accused 1 to 3 Vs.

The State Represented by The Inspector of Police, Kodavasal Police Station, Thiruvarur District.

.. Respondent/ Complainant [Crime No.401 of 2021] Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.

For Petitioners : Mr.D.Prabu For Respondent : Mr.T.Shunmugarajeswaran Government Advocate

O R D E R

(The matter is heard through "Video Conferencing/Hybrid mode") The petitioners, who apprehend arrest for the alleged offence under Section 379 of I.P.C. in Crime No.401 of 2021 on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that the petitioners are alleged to have stolen the barbed fencing worth Rs.40,000/- erected at the Banana grove inherited through the defacto complainant's husband after his demise. Hence, the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel for the petitioners submits that without prejudice to the rights of the petitioners, the petitioners are ready to deposit non-refundable amount of Rs.20,000/-. Accordingly, he prayed for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate appearing for the respondent would submit that the petitioners have taken away the entire fencing materials worth Rs.40,000/- and hence, opposed for granting anticipatory bail to them.

5.Taking into consideration the facts and circumstances of the case and the submissions made on either side and the further fact that the petitioners undertake that they would deposit non-refundable amount of Rs.20,000/-, this Court is inclined to grant anticipatory bail to the petitioners on the conditions that the petitioners should deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.401 of 2021 on the file of the Judicial Magistrate, Thiruvarur. The said amount may be ordered to be disbursed to the defacto complainant after the investigation is completed and the final report is filed. This liberty given to the defacto complainant to get the said amount is irrespective of the result of the case after conclusion of the trial: 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruvarur on condition that the petitioners shall each execute a bond for a sum of Rs.

[b] the petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall not abscond either during investigation or trial; and [e] on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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/- 06/05/2021 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 JUDICIAL MAGISTRATE, THIRUVARUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KODAVASAL POLICE STATION, THIRUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.PRABU Advocate on payment of necessary charges Sr.5871 CRL OP.8422/2021 Date :06/05/2021 RVR 17/05/2021