V.Govindhan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2021

CORAM

THE HON'BLE MRS. JUSTICE R.SUBRAMANIAN Crl.O.P.Nos.8356 and 8379 of 2021 V.Govindhan ... Petitioner in both the Crl.OPs Vs.

State, represented by The Inspector of Police, Pappireddypatti Police Station, Dharmapuri District.

(Crime Nos.114 and 148 of 2021) ... Respondent in both the Crl.OPs Prayer: Criminal Original Petitions filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.114 and 148 of 2021 on the file of the respondent police. For Petitioner : Mr.V.Vijayakumar For Respondent : Mr.L.Baskaran Govt. Advocate (Crl.Side) C O M M O N O R D E R The petitioner, who apprehends arrest pursuant to the First Information Report registered against him in Crime Nos. 114 and 148 of 2021 under Section 176 IPC, seeks anticipatory bail.

2. A perusal of the First Information Reports show that the death has occurred due to accidental electrocution. In the said circumstances, I am of the opinion that the petitioner could be granted anticipatory bail.

3. Accordingly, these Criminal Original Petitions are allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Pappireddypatti, within 15 days from the date of resumption of regular hearings in the said Court, subject to the following conditions:

[a] 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;

[b] 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;

[c] the petitioner shall report before the respondent police as and when required for interrogation;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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]; [g] if the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

4. Considering the present situation, the petitioner is granted 15 days time to execute the bond and furnish sureties from the date of commencement of regular functioning of the court below. In the event of violation of any of the conditions, the anticipatory bail granted will stand automatically cancelled.

-sd/- 02/06/2021 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, PAPPIREDDYPATTI

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PAPPIREDDYPATTI POLICE STATION, DHARMAPURI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S. V.VIJAYAKUMAR Advocate on payment of necessary charges SR.No.6344 CRL OP.Nos.8356 and 8379 of 2021 Date :02/06/2021 RVR 14/06/2021