Saravanan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15667 of 2021 SARAVANAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUKALUKUNDRAM POLICE STATION, THIRUKALUKUNDRAM, CHENGALPATTU DISTRICT.

CRIME NO.933/2020 For Petitioner : M/S.S.VELLIDOSS Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) 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 alleged offence under Sections 323, 506(i) of IPC, in Crime No.933 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. This is the third anticipatory bail application filed before this Court. The case of the prosecution is that the petitioner and the defacto complainant are same village and the petitioner take some photos with regard to illegal storage of lake sands due to that there was a wordy quarrel between them, the petitioner had abused the defacto complainant and attacked him and caused injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He

further submits that earlier, the petitioner filed the anticipatory bail application before this Court in Crl.O.P.No.15671 of 2020 and the same was dismissed on 05.10.2020, the petitioner has not mentioned in the crime number. Thereafter, the petitioner filed the anticipatory bail application before this Court in Crl.O.P.No.18751 of 2020 and the same was allowed on 07.12.2020 however, the petitioner was unable to execute the sureties. Hence, the present petition has been filed. However, on instructions, the learned counsel further submitted that the petitioner, without prejudice his rights, on his own volition, is ready and willing to deposit a sum of Rs.20,000/- to the District Minerals Foundation Trust and contribute a sum of Rs.30,000/- for the purpose of improving and maintaining the Government Schools.

4.The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering facts and circumstances of the case and also the fact that there is no previous case pending as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Thirukalukundram, 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 and on further condition that: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner shall make a non-refundable deposit of Rs.

30,000/- (Rupees Thirty Thousand only) to the credit of the Chief Educational Officer, Chengalpattu District, for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement and Rs.

(c)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; (d)the petitioner 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.

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial;

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

7. In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilising the money as ordered by this Court.

-sd/- 01/09/2021 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, THIRUKALUKUNDRAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUKALUKUNDRAM POLICE STATION, THIRUKALUKUNDRAM, CHENGALPATTU DISTRICT.

5 THE CHIEF EDUCATIONAL OFFICER, CHENGALPATTU DISTRICT.

6 THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, KANCHEEPURAM.

CC to M/S.S.VELLIDOSS Advocate on payment of necessary charges CRL OP.15667/2021 Date :01/09/2021 RW 21/09/2021