Deepika v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION NOS.13853 & 13897 OF 2021 DEEPIKA [ PETITIONER / ACCUSED IN CRL.OP.NO.13853 OF 2021 ] G.VICKRAMAN [ PETITIONER / ACCUSED IN CRL.OP.NO.13897 OF 2021 ] Vs STATE REP BY [ RESPONDENT INSPECTOR OF POLICE, IN BOTH THE PETITIONS ] THIRUVALLUR TOWN POLICE STATION, THIRUVALLUR, CHENNAI.

CRIME NO.733 OF 2021.

For Petitioner : M/S.NATHAN AND ASSOCIATES Advocate [IN BOTH THE PETITIONS] For Respondent : MR.C.E.PRATAP Govt. Advocate (Crl. Side) [IN BOTH THE PETITIONS] 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 alleged offence under Sections 448, 427 and 506(ii) of IPC, in Crime No.733 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the subsequent purchaser of the property situated at S.400/26 at Thiruvallur Sub District. Further, the petitioners had trespassed into the shop of the defacto complainant and damaged the property and also threatened her. Hence, the complaint.

3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side).appearing for the respondent submitted that there is no previous case pending as against the petitioners.

5.Considering the fact that there is no previous case pending as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thiruvallur, on condition that the petitioners 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/08/2021 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, THIRUVALLUR.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S.NATHAN AND ASSOCIATES Advocate on payment of necessary charges SR NOS.8411, 8412 CRL.OP.NOS.13853 & 13897 OF 2021 Date :11/08/2021 MK:25/08/2021