Chelladurai Pandian v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15241 of 2022 CHELLADURAI PANDIAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, CARRIAGE RAILWAY POLICE STATION, CHENNAI(CRIME NO.20/2022) For Petitioner : M/S.S.PRABUDOSS 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 Section 143(1)(b) Railway Act, in Crime No.20 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there are two accused and the petitioner arrayed as A2. When the respondent watching the railway ticket booking counter, at that time, they found one person doing takkal booking for selling the same for high price and thereby causing loss to the public persons. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that since the first accused is the brother in law of this petitioner, the respondent had implicated this petitioner as an accused in this case. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that when they were watching the railway ticket booking counter at Anna Nagar Booking counter in order to prevent the illegal train ticket bookers. During that time, one person was doing takkal booking for

selling the same for high price and causing loss to the public persons. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 on which the order copy made ready, before the learned XX Metropolitan Magistrate, Allikulam, Chennai, 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, 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 daily at 10.30 a.m. for a period of four 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].

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

-sd/- 04/07/2022 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 XX METROPOLITAN MAGISTRATE, ALLIKULAM, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 INSPECTOR OF POLICE, CARRIAGE RAILWAY POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.PRABUDOSS Advocate on payment of necessary charges Sr.10678 CRL OP.15241/2022 Date :04/07/2022 RVR 08/07/2022