Aneesh Mon, v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13618 of 2022 1 ANEESH MON [ PETITIONERS/ ACCUSED ] 2 SALEEM Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANATHUR POLICE STATION, CHENNAI.

(CR NO.92 OF 2022) For Petitioner : MR.G.MOHANA KRISHNAN FOR M/S. S.SARANRAJ 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 petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4, 20, 21 & 25 of Indian Telegraph Act 1885, Section 66(C) & 66(D) of Information Technology Act 2000, Section 3, 6(1) of Indian Wireless Act and Section 120(B) and 420 of IPC, in Crime No.92 of 2022, seeks anticipatory bail.

2. Totally there are three accused in this case. The petitioners herein are arrayed as A1 and A2. The case of the prosecution is that the petitioner A3 was arrested for misuse of BSNL telecom communication by using nearly 60 BSNL sims cards and made setup for operating illegal activities. The respondent police seized all the materials related to telecom setup. Hence, the FIR.

3. The learned counsel appearing for the petitioners would submit that based on the confession statement of A3, the petitioners herein are falsely implicated in this case. He further submits that there is no material evidence against these petitioners and without proper enquiry they made as accused in this case. He further submit that the

petitioners are ready to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of crime No.92 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the the petitioners misuse of the SIMs of BSNL nearly 60 Nos for operating illegal telecom communication.

He further submits that the investigation is still pending and hence, opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.92 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Alandur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten 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 petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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 petitioners shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the credit of Crime No.92 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 14/06/2022 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-II, ALANDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KANATHUR POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/SS.SARANRAJ Advocate on payment of necessary charges SR.No.9057 CRL OP.13618/2022 Date :14/06/2022 CSK 15/06/2022