B.Ravi v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.10018 of 2021 B.Ravi ... Petitioner

Versus

State Rep. by The Inspector of Police, Perundurai Police Station, Perundurai, Erode 638 052.

(Cr.No.276 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent Police in Crime No.276 of 2021 on the file of the respondent Police. For Petitioner : Mr.A.Saravanan For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 294(b), 324 and 506(ii) IPC in Cr.No.276 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was previously quarrel/fight between the defacto complainant and A3. The petitioner herein supporting the case of A3, argued with the defacto complainant and in that case, he stabbed the defacto complainant. Due to which he was hospitalised and lodged a complaint before the respondent Police. Hence this petition. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, the learned counsel would submit that the petitioner, on his own volition without prejudice to his rights, is ready and willing to contribute a sum of Rs.75,000/-, to the credit of the Women Lawyers' Association for the welfare of young lawyers who lost their income during pandemic. 4.The learned Additional Public Prosecutor submitted that there are six previous cases against the petitioner.

5.Considering the nature of the case and based on the undertaking given by the petitioner to deposit a sum of Rs.75,000/-, I am inclined to grant bail to the petitioner. 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Perundurai, 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 and on further condition that: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)the petitioner shall make payment of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of the President of the Women Lawyers' Association, Chennai, Tamil Nadu, without prejudice to his defence before the trial Court and the said amount may dispursed to the young lawyers who lost their income during pandemic , and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

(c) The above said Association, after receipt of the said amount, shall disburse the same to the junior advocate who lost their income in this COVID-19 pandemic situation; (d)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(e)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(f)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g)the petitioner shall not abscond either during investigation or trial;

(h)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]; and;

(i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 17/06/2021 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, PERUNDURAI.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION, PERUNDURAI, ERODE 638 052 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE PRESIDENT OF THE WOMEN LAWYER'S ASSOCIATION, CHENNAI, TAMILNADU.

+1CC to M/S.A.SARAVANAN Advocate on payment of necessary charges SR NO.6639 CRL OP.10018/2021 Date :17/06/2021 MK:09/07/2021