Anthonydoss v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.05.2021

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.8834 of 2021 Anthonydoss ... Petitioner/Sole Accused Vs.

The State rep.by, ... Respondent/Complainant The Inspector of Police, H-8, Thiruvottiyur Police Station, Chennai.

Cr.No. 1047 of 2019.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of his arrest pending investigation in connection with Crime No. 1047 of 2019, on the file of the respondent police.

For Petitioner : Mr.M.Jayaseelan For Respondent : Mr.J.C.Durairaj Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who apprehend arrest for the alleged offences under Sections 294 (b) and 506 (i) of IPC, altered to 406, 420, 417, 294 (b), 506 (i) of IPC in Crime No. 1047 of 2019 on the file of the respondent police, seek anticipatory bail.

2.The learned counsel appearing for the petitioner would submit that a false complaint has been given against the petitioner and he has not connected with the crime as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

3.The learned Government Advocate (Crl.Side) appearing for the respondent vehemently opposed to grant anticipatory bail to the petitioner and he submits that the complainant gave the

petitioner/accused a sum of Rs.2,00,000/- on hand loan, repayable within a period of three months. But he failed to repay the amount. Hence the complaint.

4.This Court considered the submissions made by the learned counsel for all the parties concerned and also perused the material on record.

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 petitioner is not necessary and the fact that there is no apprehension that the petitioner may abscond, the petitioner is granted anticipatory bail in the event of his arrest or on his appearance, before the learned Judicial Magistrate, Thiruvottiyur, on condition that the petitioner shall execute his 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 petitioner shall make himself available for interrogation by the police officer as and when required; [b] the petitioner 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 petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner shall appear before the Court below, whenever required.

[e] the petitioner shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his/her identity. [f] the petitioner 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 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 20/05/2021 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, THIRUVOTTIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, H-8, THIRUVOTTIYUR POLICE STATION, CHENNAI.

CC to M/S.M.JAYASEELAN Advocate on payment of necessary charges CRL OP.8834/2021 Date :20/05/2021 TA-06/07/2021