S.Praveen v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.06.2021 CORAM :
THE HON'BLE MR. JUSTICE M.SUNDAR Crl.O.P.No.9972 of 2021 S. Praveen ... Petitioner Vs.
The State Represented by Inspector of Police, Kasimedu Police Station Chennai District (Crime No. 461 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on Bail in the event of arrest in Crime No.461 of 2021 on the file of the Inspector of Police, Kasimedu Police Station, Chennai District. For Petitioner : Mr.R. Rajadurai For Respondent : Mr.A.Gopinath, Government Advocate (Crl.Side) [IN CRL.O.P.No.9972 OF 2021] For Respondent : Mr.V.J.PRIYADARSANA, Government Advocate (Crl.Side)[IN CRL.MP.8050 OF 2021]
O R D E R
(The case has been heard through video conference) Petitioner in captioned Criminal Original Petition apprehending arrest for alleged offences/alleged offences punishable under Sections 341, 294(b) & 506(1) of the 'Indian Penal Code, 1860' ('IPC' for the sake of brevity) vide Crime No. 461 of 2021, on the file of Kasimedu Police Station, Chennai District, seeks anticipatory bail.
2. Mr. R. Rajadurai, learned counsel for petitioner submits that it is a trumped up case and there has been no injury to anyone. Learned counsel also submits that there are no adverse antecedents qua petitioner or in other words learned counsel submits that this is the petitioner's first brush with law.
3. State Counsel, on instructions, submits that there is no disputation that this is the petitioner's first brush with law and no one was injured.
4. In the light of narrative thus far, prayer for anticipatory bail qua petitioner will stand acceded to, but on conditions set out infra:
a) accordingly, the petitioner is ordered to be released on bail in the event of arrest or appearance before the learned (*) XVI Metropolitan Magistrate, George Town, Chennai, 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 jurisdictional Court on or before 05.07.2021 or within a fortnight from the date of resumption of work of acceptance of sureties by the jurisdictional Court whichever is later and on further conditions that:
(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bonds and the jurisdictional Court may demand production of their Aadhar cards or Bank Pass Books to ensure/verify their identities;
(c) the petitioner shall report before the respondent police as and when required for interrogation;
(d) the petitioner shall not tamper with evidence or witness/es either during investigation or trial;
(e) the petitioner shall not abscond either during investigation or trial;
(f) if there is breach of any of the aforesaid conditions, the jurisdictional Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner has been released on bail by the jurisdictional Court itself as per P.K.Shaji principle being law laid down by Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560];
and (g) though obvious it is made clear that if the accused/petitioner herein thereafter absconds, consequences ingrained in Section 229-A IPC will follow wherever applicable. -sd/- 07/06/2021 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.
(*) (i)Amended and (ii) To be noted, in and by original order dated 07.06.2021, the bonds / sureties had to be furnished on or before 05.07.2021 or within a fortnight from the date of resumption of acceptance of sureties by the jurisdictional Court. This Court is informed that the time frames have elapsed. Therefore, time frames are extended and the petitioner shall comply with conditions adumbrated in paragraph 4(a) of the order dated 07.06.2021 within a fortnight from today, i.e, on or before 27.09.2021, as per Order of this Court dated 13.09.2021 made in Crl.M.P.No.8050 of 2021 in Crl.O.P.No.9972 of 2021.
TO (*)1 THE XVI METROPOLITAN MAGISTRATE GEORGE TOWN, CHENNAI.
2 THE METROPOLITAN MAGISTRATE NO.XXI, EGMORE.
3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION]
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, KASIMEDU POLICE STATION, CHENNAI DISTRICT.
+1 CC to M/S R.RAJADURAI Advocate on payment of necessary charges SR.NO.10011 CRL OP.9972/2021 Date :07/06/2021 cs 22/07/2021 INBA 17/09/2021