Annadurai v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13361 of 2020 Annadurai .. Petitioner Vs.

The State by The Sub Inspector of Police, Selaiyur Police Station, Chennai (Crime No.132 of 2020) .. Respondent Prayer :- Criminal Original Petition filed under Section 438 Cr.P.C.,to enlarge the petitioner on bail in the event of arrest in Crime No.132 of 2020 the file of the respondent police. For Petitioner : Mr.R.Thirumoorthy For Respondent : Mr.Mohammad Riyaz, Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 447 and 506(1) in Crime No.132 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that de-facto complainant is the owner of the property. She is said to have leased out the property to A1, who intern has illegally permitted A2 & A3 to put up a shop. There are totally 3 accused persons in this case and the petitioner is as A1.

3. The learned counsel appearing for the petitioner submitted that a landlord and tenant dispute is attempted to be given a criminal colour and civil proceedings are also pending between the parties. He would further submit that earlier, this Court had granted anticipatory bail to the petitioner in Crl.O.P No.5911 of 2020 and he was unable to surrender before the trial Court within the time frame fixed by this Court. Therefore, he has come forward with the present petition and prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that A2 was arrested in this case and he was later released on bail. The learned counsel further submitted that now investigation is pending.

5. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate, Tambaram on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five thousand only) each 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 petitions 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 as and when required for interrogation.

[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.

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

-sd/- 03/09/2020 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, TAMBARAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB-INSPECTOR OF POLICE, SELAIYUR POLICE STATION, CHENNAI.

CC to M/S. R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.13361/2020 Date :03/09/2020 MK:15/09/2020