D.Ayyappan v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10957 of 2021 D. Ayyappan ... Petitioner Vs.

The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.

(Crime No.407 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail in the event of his arrest, concerned in Crime No.407 of 2021 on the file of the respondent police, For Petitioner : Mr.B. Abdul Samath For Respondent : Mr.A. Gopinath 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 Sections 294(b), 353 & 506(i) of IPC in Crime No.407 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was some dispute between the defacto complainant, who is a VAO and the petitioner with regard to issuance of Adangal certificates. Hence the complaint.

3.The learned counsel appearing for the petitioner submit that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to his rights, is ready to deposit is ready to deposit a sum of Rs.20,000/- to the credit of the concerned District Mineral Foundation Trust .

4. Heard the learned Government Advocate (Crl.Side) appearing for the respondent.

5. Considering the submission so made by the learned counsel on either side and further the petitioner, on his own volition, is ready and willing to deposit Rs.20,000/- to the credit of the concerned District Mineral Foundation Trust ., this Court is inclined to grant anticipatory bail to the petitioners with some stringent conditions. .

8.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, Ulundurpet, 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) if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the petitioner shall make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand Only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

(c) 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;

(d)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial; (f)the petitioner shall not abscond either during investigation or trial;

(g)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;

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 28/06/2021 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.II, ULUNDURPET.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUVENNAINALLUR POLICE STATION, VILLUPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, VILLUPURAM.

CC to M/S.B.ABDUL SAMATH Advocate on payment of necessary charges CRL OP.10957/2021 Date :28/06/2021 MK:26/07/2021