Kalaiarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13145 of 2022 KALAIARASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ERAVANCHERRY POLICE STATION, THIRUVARUR DISTRICT.

(CR.NO. 49 OF 2019) For Petitioner : M/S T.MURUGANANTHAM Advocate For Respondent : MR.A.DAMODARAN, 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 offences punishable under Sections 147, 148, 448, 294(b), 324 and 506(ii) of IPC in Crime No.49 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is one Sumitra, wife of the first accused Mohan Kumar. Due to difference of opinion both started living separately. They purchased a Maruthi Swift Car when they were living together. After separation, wife Sumitra brought the car along with her. A dispute arose as both claimed the car. On 30.05.2019, the first accused along with other accused who are his friend went to defacto complainant's house and threatened her to hand over the car. Hence, the complaint.

3. The learned counsel for the petitioner would submit that already the petitioner was granted anticipatory bail by this Court on 08.07.2019. However, the petitioner was unable to surrender within the time stipulated by this Court, since he had went to Kerala. Therefore, the petitioner has again filed the present petition seeking for anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the petitioner with his friends threatened the defacto complainant to hand over the car. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 on which the order copy made ready, before the learned "Judicial Magistrate, Nannilam", 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., for a period of two weeks and thereafter 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 07/06/2022 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, NANNILAM.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S T.MURUGANANTHAM Advocate on payment of necessary charges SR.No.8588 CRL OP.13145/2022 Date :07/06/2022 CSK 09/06/2022