Arumugam v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14743 of 2022 ARUMUGAM [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMILNADU [ RESPONDENT ] THROUGH THE, INSPECTOR OF POLICE, DEEVATTIPATTI POLICE STATION, SALEM- DISTRICT.

CRIME NO. 829/2021 For Petitioner : M/S. C.PRABAKARAN 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 429 IPC altered to Section 120(B), 379 and 429 IPC in Crime No.829 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioner was involved in theft of two cows, which belong to the defacto complainant and also the petitioner allegedly killed the cows. Hence, the complaint.

3. However, the learned counsel appearing for the petitioner submitted that the petitioner is ready and willing to deposit reasonable sum as directed by this Court.

4. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.

Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) directly to the de-facto complainant in Crime No.829 of 2021 by way of Demand Draft, within a period of four weeks from the date on which the order copy made ready, and on such

payment the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate Court, Omalur, Salem District on condition that each of the petitioner shall execute a separate 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 each of the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) directly to the de-facto complainant in Crime No.829 of 2021 by way of Demand Draft, within a period of four weeks from the date on which the order copy made ready and the proof shall be produced before the learned Magistrate concerned at time of execution of sureties.

[c] the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

[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]. [h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 29/06/2022 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, OMALUR, SALEM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, DEEVATTIPATTI POLICE STATION, SALEM- DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.PRABAKARAN Advocate on payment of necessary charges SR.NO.10322 CRL OP.14743/2022 Date :29/06/2022 RVR 04/07/2022