Thabraze v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.10961 of 2022 THABRAZE [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT.
(CR.NO. 70 OF 2019) For Petitioner : M/S. M.P.SARAVANAN Advocate For Respondent : MR.S.SUGENDRAN,Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under sections 147, 506 (i) of IPC, r/w 3 of TNPPDL Act 1992, in Crime No.70 of 2019, 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 another accused had entered into the de-facto complainant's house and broken the window glass and door with flower pot and thereby, caused damage to the value of Rs.25000/-. Hence the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he pleads for grant of anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor would submit that the petitioner and another accused entered into the de-facto complainant's house and caused damage to the household articles to the tune of Rs.25,000/- . Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and the custodial interrogation of the petitioner is not necessary in this case, 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.II, Krishnagiri, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties for a like sum each, 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 photograph 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 not tamper with evidence or witness either during investigation or trial;
(c)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation;
(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 has 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/- 11/05/2022 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 .II, KRISHNAGIRI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. M.P.SARAVANAN Advocate on payment of necessary charges SR.No.6918 CRL OP.10961/2022 Date :11/05/2022 CSK 13/05/2022