Krishnamoorty v. The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15877 of 2020 Krishnamoorthy S/o.kannu Gounder ... Petitioner Vs.

The State Represented by, The Sub Inspector of Police, Vaniyambodi Taluk Police Station, Vellore District.

Crime No.780/2020.

...Respondent

Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to grant Anticipatory bail to the petitioner in the event of his arrest by the respondent police pending investigation of the case in Crime No.780 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.R.Thangavel For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor 1/6

O R D E R

(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 294 (b), 353, 427, 379 and 506 (i) in Crime No.780 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner has cut down the trees in Government Odai Puramboku land without proper permission from the Government and stored in his cow shed. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that the the petitioner has cut down the trees in Government Odai Puramboku land without proper permission from the Government and stored in his cow shed. He further submitted that there are no previous cases pending as against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

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 petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the copy of this order is made ready, 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 3/6

satisfaction of the learned Judicial Magistrate, Vaniyambadi, Vellore District, 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 petitioner shall report before the respondent police every day 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 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].

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[f] 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.

07.10.2020 Index : Yes/No Internet : Yes/No tta To

1. The learned Judicial Magistrate, Vaniyambadi, Vellore District.

2.The Sub Inspector of Police, Vaniyambodi Taluk Police Station, Vellore District.

3. The Public Prosecutor, High Court, Madras.

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A. D. JAGADISH CHANDIRA, J.

tta Crl.O.P.No.15877 of 2020 07.10.2020 6/6