John Ravi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16865 of 2021 JOHN RAVI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR FO POLICE, N1, ROYAPURAM POLICE STATION, ROYAPURAM, CHENNAI-600 013.

CRIME NO. 87/2021.

For Petitioner : M/S. ILAYARAJA KANDASAMY 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 420, 294(b) & 506(1) of I.P.C in Cr.No.87 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the De-facto Complainant purchased the Boat Engine from M/s. Excella Trading Company, who is importing boat engines from Shanghai/China and selling to fishermen. The said Company assured the De-facto Complainant that the boat engines are under 3 years warranty and service backup after sales. Thereafter when the De-facto Complainant fixed the boat engine in his boat and sailing in it, the engine was failed in the middle of the sea. When the De-facto Complainant approached the owner of the Said Company Mr. John Ravi regarding the issue, he refused to take back the repaired engine and threatened the De-facto Complainant. Hence the Present 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. Hence prays for grant of anticipatory bail.

4.The learned Additional Public Prosecutor submitted that the investigation is pending in this case.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is granted anticipatory bail and he is 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 (*)Metropolitan Magistrate Court No.XVI George Town, Chennai on condition that the petitioners 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)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 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 petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(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/- 15/09/2021 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.

(*)AMENDED AS PER ORDER OF THIS COURT DATED 05.10.2021 MADE IN CRL.MP.No.10241 OF 2021 TO 1 THE Metropolitan Magistrate Court No.XVI George Town, Chennai 2 THE METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION).

4 THE INSPECTOR OF POLICE, N1, ROYAPURAM POLICE STATION, ROYAPURAM, CHENNAI-600 013.

5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S. ILAYARAJA KANDASAMY Advocate on payment of necessary charges SR.NO.11043 CRL OP.16865/2021 Date :15/09/2021 INBA 23/09/2021 RW 22/10/2021