Ajith Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12412 of 2020 Ajith Kumar ... Petitioner/A2 Vs.

The State Represented by, The Inspector of Police, Steel Plant Police Station, Salem District.

Crime No.572 of 2020.

... Respondent Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in connection with the Crime No.572 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.K.Sathish Kumar For Respondent : Mr.M.K.Prabakar Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 392, 397 and 506(ii) of IPC in Crime No.572 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.05.2020 the petitioner and other accused persons waylaid the defacto complainant at knife point and snatched a sum of Rs.3,500/- and also threatened the defacto complainant with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would also submit that a false case has been foisted against the

petitioner. He would further submit that A1 has been granted anticipatory bail in Crl.O.P.No.9049 of 2020, dated 19.06.2020 by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that petitioner and other accused persons waylaid the defacto complainant at knife point and snatched a sum of Rs.3,500/- and also threatened the defacto complainant with dire consequences. He would also submit that there is no previous case pending against the petitioner.

5. Heard the learned counsel and perused the First Information Report.

6. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

7. 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 No.I, Salem, 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, 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 daily 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 17/08/2020 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 NO.I, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT.[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, STEEL PLANT POLICE STATION, SALEM DISTRICT.

+1 CC to M/S.K.SATHISH KUMAR Advocate on payment of necessary charges SR NO. 5946 CRL OP.12412/2020 Date :17/08/2020 GKS:24/08/2020