M.Praveen Kumar v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10176 of 2020 M.Praveen Kumar ... Petitioner Vs.

State By The Inspector of Police, Auroville Police Station, Villupuram District.

Crime No.608 of 2020 ... Respondent PRAYER: Criminal Original Petition filed under section 438 of Cr.P.C., seeking to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.608 of 2020 on the file of the Inspector of Police, Auroville Police Station, Villupuram District. For Petitioner : Mr.S.Anburaja For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 399 of IPC, in Crime No.608 of 2020, seeks anticipatory bail. 2.The case of the prosecution is that based on the secret information, the respondent police had entered into the spot, at the time the petitioner and other accused persons were planning to commit robbery by using some deadly weapons. By seeing the respondent police, some of the accused persons have escaped from the spot and Accused 1 to 5 were arrested. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that 5 accused persons were already enlarged on bail and the petitioner herein is arrayed as A9. The learned Additional Public Prosecutor further submitted that there is no previous case against the petitioner. However, he opposed for the grant of anticipatory bail.

5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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, Vanur, 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. until further orders.

[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.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 07/07/2020 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, VANUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, AUROVILLE POLICE STATION, VILLUPURAM DISTRICT.

CC to M/S. S.ANBURAJA Advocate on payment of necessary charges CRL OP.10176/2020 Date :07/07/2020 RVR 28/08/2020