K,Vembu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15706 of 2020 1.K. Vembu 2.K. Kala ... Petitioners Vs.
The State represented by, The Inspector of Police, Poraiyar Police Station, Poraiyar, Nagapattinam District.
(Crime No. 677 of 2020) .. Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of being arrested in Crime No.677 of 2020, pending investigation on the file of the respondent police.
For Petitioners : Mr.S. Varanesh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324, 506(ii) and 436 of IPC, in Crime No.677 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the de facto complainant is that the petitioners have set fire to the house of the defacto complainant and caused damages to the tune of Rs.10,000/-. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. However, he would further submit that without prejudice to his contentions, the petitioners are prepared to deposit an amount of Rs.5,000/- to the credit of Crime number to show their bonafides. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners have set fire to the house of the defacto complainant and caused damages which amounts to Rs.10,000/-. However he would oppose to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;
6. Accordingly, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only ) each to the credit of crime No.617 of 2020 before the concerned court, within a period of fifteen days from the date of receipt of a copy of this order and the petitioners shall execute a separate 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 District cum Judicial Magistrate at Tharangambadi, 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.5,000/- each to the credit of Crime No.677 of 2020 before the learned Magistrate. [c] the petitioners shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter every Monday at 10.30 am., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
8.With the above directions, this Criminal Original Petition is ordered.
-sd/- 06/10/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THARANGAMBADI 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PORAIYAR POLICE STATION, PORAIYAR, NAGAPATTINAM DISTRICT CC to M/S. S.VARANESH Advocate on payment of necessary charges CRL OP.15706/2020 Date :06/10/2020 RVR 19/10/2020