Baskar v. Iop Dharmapuri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.12113 of 2020 Baskar, S/o. Rajendran, Kanathampoondi Village, Pandithapattu Post, Tiruvannamalai Taluk & District.

... Petitioner Vs.

The State Rep. By The Inspector of Police Hogenakkal Police Station, Dharmapuri District.

(Crime. No. 76/2018)

...Respondent

Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner/A-1 on bail in the event of his arrest in Crime No.76 of 2018 on the file of the respondent police/The Inspector of Police, Hogenakkal Police Station, Dharmapuri District.

For Petitioner : Mr.S.Vediappan For Respondent : Mr.K.Prabakar, Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 170, 294(b), 420, 506 (i) of IPC in crime No.76/2018 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner after availing driving service from the defacto complainant who is a driver cheated to pay the service charge of Rs.4,500/- and when he demanded the amount, the petitioner along with other accused persons have intimidated and threatened him. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is one previous case is pending as against the petitioner in connection with Cr.No.77 of 2018 is also similar in nature. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and the case is of the year 2018 and the petitioner is not arrested till date, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Pennagaram Town, Dharmapuri District, on condition that the petitioner shall execute a separate 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 and on further condition that: [a] 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.

[b] the petitioner shall report before the respondent Police every day at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8.With the above directions, this Criminal Original Petition is ordered.

-sd/- 20/08/2020 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, PENNAGARAM TOWN, DHARMAPURI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, HOGENAKKAL POLICE STATION, DHARMAPURI DIST.

CC to S.VEDIYAPPAN Advocate on payment of necessary charges CRL OP.12113/2020 Date :20/08/2020 RD 11/09/2020