R.Prakash v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.05.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.8536 of 2021 1.R.Prakash .. Petitioners 2.Devarajan 3.N.V.Raja 4.R.George Vs.
State by, ... Respondent Inspector of Police, Katpadi Police Station, Vellore District.
(Crime No.216 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.216 of 2021, on the file of the respondent police.
For Petitioners : Mr.N.Sudharsan For Respondent : Mr. J.C.Durairaj, GA (Crl.Side)
ORDER
The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 147, 427 and 506(1) of I.P.C., in Crime No.216 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The learned counsel for the petitioners would submit that the false complaint has been given against the petitioners and they have not connected with the crime as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
3. The learned Government Advocate (Crl.Side) would submit that no one was injured.
4. This Court considered the submissions made by the learned counsel for all the parties concerned and perused the FIR. 5.The Supreme Court has laid down the law regarding grant of anticipatory bail in the case of Gurbaksh Singh Vs. State (AIR 1980 SC 1632) and considering the fact that the custodial interrogation
of the petitioners is not necessary and the fact that there is no apprehension that the petitioners may abscond, the petitioners are granted anticipatory bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Katpadi, Vellore District, on condition that the petitioners shall execute own bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, within a period of one month from the date of normal functioning of the Court below, and further condition that:
[a] the petitioners shall make themselves available for interrogation by a police officer as and when required; [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
[c] the petitioners shall not leave India without the previous permission of the Court;
[d] the petitioners shall appear before the Court below, whenever required.
[e] the petitioners shall affix thier photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of thier Aadhar card or Bank pass Book to ensure their identity. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[g] 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 19/05/2021 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, KATPADI, VELLORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLLORE. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KATPADI POLICE STATION, VELLORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.N.SUDHARSAN Advocate on payment of necessary charges CRL OP.8536/2021 Date :19/05/2021 TA-06/07/2021