K.Ganesan, 60 Years v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.16073 of 2018 1 K.GANESAN [ PETITIONER / ACCUSED ] 2 VARADHARAJAN Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM, NAGAPATINAM DISTRICT.

CR.NO.73/2018 For Petitioner : M/S.K.G.SENTHIL KUMAR Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners seek anticipatory bail in Crime No.73 of 2018 registered by the respondent police for the offence punishable under Sections 465, 468, 471, 420 of IPC r/w Section 192-A of Motor Vehicles Act, 1988.

2. The case of the prosecution as per the de-facto complainant one Murugan, R.T.O. of Nagapattinam is that the first petitioner was plying Omni bus bearing Registration No.Py-01 AX 8787 without paying the tax and other necessary bills and on verification, it was found that the bills produced by the second petitioner were bogus.

3. The learned counsel for the petitioners would submit that the first petitioner had recently purchased the bus and that he was not aware that the earlier owner had not paid the taxes properly.

4. The learned Additional Public Prosecutor would submit that the first petitioner was plying Omni bus bearing Registration No.Py01 AX 8787 without paying the tax and other necessary bills and on verification, the bills produced by the second petitioner was found to be bogus. He would submit that there is no previous case against the petitioners.

5. Taking into consideration the facts of the case and the submissions made by the counsels and taking note of the fact that

there is no previous case against the petitioners, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions:

6. Accordingly, the petitioners are 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 Judicial Magistrate-I, Nagapattinam, 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, 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 said Magistrate, on further condition that:

[a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police daily 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 229-A IPC.

-sd/- 27/06/2018 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, NO.I, NAGAPATTINAM.

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

4 THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM, NAGAPATINAM DISTRICT.

+1CC to M/S.K.G.SENTHIL KUMAR Advocate on payment of necessary charges SR NO.11799 CRL OP.16073/2018 Date :27/06/2018 MK:03/07/2018