Ramar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.05.2021
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA Crl.O.P. No.8735 of 2021 1.Ramar 2.Sellaperumal .. Petitioners/ Accused Vs.
The State Represented by The Inspector of Police, Maruvathur Police Station, Perambalur District.
.. Respondent/ Complainant [Crime No.171 of 2021] Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.
For Petitioners: Mr.E.Balamurugan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate
ORDER
(The matter is heard through "Video Conferencing/Hybrid mode") The petitioners, who apprehend arrest for the alleged offence under Sections 379 and 294(b) of I.P.C. in Crime No.171 of 2021 on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that the petitioners have stolen the Tractor of the defacto complainant along with agricultural materials and are abusing the defacto complainant. 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 nonrefundable amount of Rs.10,000/- to the Chief Justice Relief Fund. 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 no previous case and the property stolen were now recovered and opposed for granting anticipatory bail to the petitioners.
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 who are first time offenders are ready to abide by any condition that may be imposed by this Court, including deposit of any amount as may be directed, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions: 6.Accordingly, the petitioners are directed to deposit a sum of Rs.
10,000/- (Rupees Te Thousand only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry) and on such deposit 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-II, Perambalur on condition that the petitioners shall each execute a bond for a sum of Rs.
[a] the petitioners 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 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-II, PERAMBALUR.
2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE MARUVATHUR POLICE STATION, PERAMBALUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SECTION OFFICER, CHEIF JUSTICE RELIEF FUND, ACCOUNTS SECTION, HIGH COURT, MADRAS.
+1 CC to M/S.E.BALAMURUGAN Advocate on payment of necessary charges SR.NO. 5887 CRL OP.8735/2021 Date :06/05/2021 MN-12/05/2021