M.Rubanraj v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2020
CORAM:
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN Crl.O.P.No.16598 of 2020 M.Rubanraj ... Petitioner/3rd Accused Vs.
State rep. By The Inspector of Police, Muthupettai Town Police Station, Tiruvarur District.
Crime No.414 of 2019.
... Respondent/Complainant PRAYER: This Criminal Original Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioner on bail, in the event of his arrest by the respondent police, pending investigation of the case in Crime No.414 of 2019 on the file of the respondent police. For Petitioner : Mr.M.Vijaya Ragavan For Respondent : Mr.Charles Prem Kumar Additional Public Prosecutor
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 alleged offence punishable under Section 379 of I.P.C. in Crime No.414 of 2019 on the file of the respondent police, seeks anticipatory bail.
2.The case was registered against an unknown person for the theft of a two wheeler is before this Court.
3. According to the petitioner, the stolen vehicle was recovered from A1 and the petitioner is a friend of A1, but he has no involvement in the said offence.
4. The learned Additional Public Prosecutor would submit that the complaint of theft lodged on 20.10.2019 though the alleged theft occurred on 06.09.2019. Later the vehicle was recovered from A1. As against this petitioner, there is no bad antecedent or previous case in similar nature.
5. In view of the above submissions of the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days, before the learned Judicial Magistrate, Thiruthuraipoondi, 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 to the satisfaction of the learned Magistrate concerned, as the case may be.
[b] 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.
(c) the petitioner shall appear before the respondent police as and when required.
[d] the petitioner shall not tamper the evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] On failure to comply the condition or 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 22/10/2020 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 JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.
CC to M/S. M.VIJAYA RAGAVAN Advocate on payment of necessary charges CRL OP.16598/2020 Date :22/10/2020 cs 02/11/2020