Thiruppatham v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.10101 of 2021 Thiruppatham ... Petitioner Vs.

The Inspector of Police, Thazhambur Police Station, Chengalpet District.

(Crime No.50 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.50 of 2021 pending on the file of the respondent police.

For Petitioner : Mr.V.Elangovan For Respondent : Mr.C.E.Pratep Government Advocate (Crl side)

ORDER

(The Case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 302 of IPC in Cr.No.50 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused have brutally murdered the husband of the defacto complainant. Based on the complainant of the defacto complainant, the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he is falsely implicated in this case. He would further submit that co-accused were arrested and released on bail by the Sessions Court, Kancheepuram District, Chengalpattu, in Crl.M.P.No.2665 of 2021 dated 27.05.2021.

Hence, he seeks anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that there is no previous case pending against the petitioner.

5. Considering the fact that there is no previous case and no specific allegation against the petitioner, this Court is inclined to grant anticipatory 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 No.1, Chengapet, 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)the petitioner and 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;

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

-sd/- 16/06/2021 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, NO.I, CHENGALPET 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE THAZHAMBUR POLICE STATION, CHENGALPET DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SESSIONS COURT, KANCHEEPURAM DISTRICT, CHENGALPATTU CC to M/S.V.ELANGOVAN Advocate on payment of necessary charges CRL OP.10101/2021 Date :16/06/2021 RVR 07/07/2021