Periyasami v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Fourth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.16788 of 2021 PERIYASAMI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DCB, KODUMUDI, ERODE DISTRICT.
(CRIME NO.101/2019) For Petitioner : M/S.PRASANTH For M/S N.CHINNARAJ Advocate For Respondent : MR.E.RAJ THILAK, ADDITIONAL PUBULIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- [Video Conferencing] The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 420, 465, 120[b], 468 and 109 of IPC in Cr.No.101/2019, seeks anticipatory bail.
2.The earlier application seeking anticipatory bail in Crl.OP.No.23554/2019 had been dismissed nearly about two years back on 18.09.2019. Thereafter, giving some leverage for pandemic period, I am confident that investigation would have proceeded further. 3.In the Status Report filed by the respondent police, the respondent police had stated that A1, A3 and A4 had been let out on bail with some conditions. The present petitioner is A2. It is stated that the petitioner would have to be interrogated. 4.The age of the petitioner/A2 is 63 years. I hold that in view of the changed circumstances, viz., that the investigation has proceeded further, anticipatory bail can be granted to the petitioner/A2.
5.Accordingly, the petitioner is granted anticipatory bail and
he is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Kodumudi within a period of fifteen days from the date of receipt of a copy of this order and on condition that the petitioner shall execute a bond 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 petitioner is directed to appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
(b)if the petitioner failed to surrender before the Magistrate concerned, the order shall stand automatically cancelled; (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 not tamper with evidence or witness either during investigation or trial;
(e)the petitioner 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 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 04/10/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KODUMUDI.
2 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DCB, KODUMUDI, ERODE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S N.CHINNARAJ Advocate on payment of necessary charges CRL OP.16788/2021 Date :04/10/2021 CSK 06/10/2021