Venkatesan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.12.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.19682 of 2020 Venkatesan ... Petitioner Vs.

State Rep.by The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

(Crime No.1127 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1127 of 2020 on the file of the Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District, pending investigation.

For Petitioner : Mr.G.Vinothkumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

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 offences under Sections294(b), 323, 435 and 506(ii) of IPC, in Crime No.1127 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that the defacto complainant is the father of the petitioner, the petitioner had threatened the defacto complainant to transfer the property in his name and that the defacto complainant had refused to do so and hence, the petitioner had caused damages to the tune of Rs.5,000/-. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioner is innocent and he has been falsely implicated in this case due to family dispute and hence he seeks for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to the family dispute the petitioner caused damages to the tune of Rs.5000/-. 5.Heard the learned counsel on either side. Perused F.I.R. and other materials placed on record.

6. Taking into consideration the facts and submissions of the learned Counsel and the fact that this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

7. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the learned Judicial Magistrate, Vaniyambadi, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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.

[b] the petitioners shall report before the respondent police every day at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

8.With the above directions, this Criminal Original Petition is ordered.

-sd/- 22/12/2020 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, VANIYAMBADI.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VANIYAMBAI TALUK POLICE STATION, THIRUPATHUR.

CC to M/S G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.19682/2020 Date :22/12/2020 MK:06/01/2021