Julian Rayar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.12534 of 2021 Julian Rayar ... Petitioner Vs.
The State Represented by :- Inspector of Police, Perundurai Police Station, Erode District.
(Crime No.780 of 2019) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.780 of 2019 pending on the file of the respondent police.
For Petitioner : Mr.Syed Nizamuddin Ahmed Hussaini For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
O R D E R
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 120(B), 341, 387 and 506(ii) of IPC in Cr.No.780 of 2019 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner waylaid the defacto complainant and threatened him with dire consequences. The respondent police have registered FIR based on complaint given by the defacto complainant.
3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he is not committed any offence as alleged by the prosecution and he is no way connected in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (crl. side) appearing for the respondent submitted that there was a wordy quarrel between the petitioner and the defacto complainant and no one sustained injuries. There is a case in counter.
5. Considering the facts and circumstances of the case and also the fact that no one sustained injuries and there is a case in counter, 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-I, Perundurai, Erode District, 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)the petitioner and 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;
(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 petitioners 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 22/07/2021 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.I, PERUNDURAI, ERODE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE ERORDE(FOR INFORMATION) 3 INSPECTOR OF POLICE, PERUNDURAI POLICE STATION, ERODE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S SYED NIZAMUDDIN AHMED HUSS Advocate on payment of necessary charges Sr.7708 CRL OP.12534/2021 Date :22/07/2021 RVR 29/07/2021