Poovanan @ Poongavanam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.20272 of 2020 Poovanan @ Poongavanam ... Petitioner Vs.

The State Rep. by ... Respondent Inspector of Police Arakkonam Town Police Station, Vellore District, Crime No.804 of 2020 PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest by the respondent police connected with Crime No.804 of 2020 on the file of the respondent police. For Petitioner : Mr.D. Dayalan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Section 294 (b) of the Indian Penal Code, 1860 and Section -3 of Tamil Nadu property (Prevention of Damage and Loss) Act, 1992, in Crime No.804 of 2020, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner waylaid the riders of the vehicles in a public place and asked them to produce RC Book and other documents and when the same was questioned by the defacto complainant, the petitioner abused him with filthy language. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that the petitioner misbehaved in a public place and when the same

was questioned by the defacto complainant he abused the petitioner with filthy language. Therefore, he opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate at Arokkonam, 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, failing which this petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix his 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 petitioner shall report before the respondent Police daily at 10:30 a.m until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 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].

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

-sd/- 25/01/2021 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, ARAKKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ARAKKONAM TOWN POLICE STATION, VELLORE DISTRICT.

+1 CC to M/S D.DAYALAN Advocate on payment of necessary charges SR NO. 893 CRL OP.20272/2020 Date :25/01/2021 MN-01/02/2021