Ravi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15165 of 2021 1 RAVI [ PETITIONERS / ACCUSED ] 2 SASIKUMAR 3 KALIYAMOORTHY 4 VALLARASU 5 RAMESH 6 VERAKUMAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VENGANUR POLICE STATION, ARIYALUR DISTRICT.

(CR NO. 165/2021) For Petitioner : M/S.G.MANIPRABHU Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence punishable under Sections 379 of IPC in Crime No.165 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that 12 pigs of defacto complainant were missing. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that the stolen pigs were not yet recovered.

5. The learned counsel for the petitioners submits that however, on instructions, the petitioners, without prejudice to their rights, on their own volition, are ready to deposit the amount of Rs.75,000/- to the credit of the crime number and also conceded the same to be

disbursed to the defacto complainant. However, the learned counsel submitted that before disbursing the amount to the defacto complainant, an affidavit of undertaking shall be obtained from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.75,000/- will be returned.

6. Considering the fact that the petitioners, on their own volition, are ready to deposit the amount of Rs.75,000/- to the credit of the crime number, this Court is inclined to grant bail to the petitioners.

7.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.II, Ariyalur on condition that each of the petitioners shall execute a separate bonds 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 Magistrate concerned and on further condition that: (a) the petitioners shall deposit a sum of Rs.75,000/- (Rupees Seventy Five thousand Only) to the credit of Cr.No.165 of 2021 before the Judicial Magistrate No.

II, Ariyalur within a period of four weeks from the date of receipt of a copy of this order . On such deposit being made, the learned Judicial Magistrate No.II, Ariyalur, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.75,000/- deposited by the petitioners to the credit of Cr.No.

(b) 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;

(c) the petitioners shall report before the Lalgudi Police Station daily at 10.30 a.m 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]; and;

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

-sd/- 27/08/2021 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.II, ARIYALUR.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VENGANUR POLICE STATION, ARIYALUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.MANIPRABHU Advocate on payment of necessary charges CRL OP.15165/2021 Date :27/08/2021 CSK 13/09/2021