Suresh Kumar Jain v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19223 of 2021 SURESH KUMAR JAIN [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, T-9, PATTABIRAM POLICE STATION, PATTABIRAM, THIRUVALLUR DISTRICT CR NO.37/2021 For Petitioner : M/S.M.PALANIVEL Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 448, 506(ii), 384, 511 of IPC in Cr.No.37 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.
The case of the prosecution is that the defacto complainant ran a pawn broker shop, where the petitioner's brother pledged his jewels and subsequently he passed away. Thereafter, the petitioner approached the defacto complainant to return all the mortgaged jewels which belong to his brother. When the same was refused by the defacto complainant, there arose wordy quarrel between them. Thereby, the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution an he has been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl side) submits that no one sustained injuries in the quarrel.
He further submits that there is no previous case pending against the petitioner.
5. Considering the fact that no one sustained injuries and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Thiruvallur, 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 and on further condition that:
(a)the petitioner and 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;
(b)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation;
(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 20/10/2021 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 JUDICIAL MAGISTRATE, NO.II, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT 3 THE INSPECTOR OF POLICE, T-9, PATTABIRAM POLICE STATION, PATTABIRAM, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.M.PALANIVEL Advocate on payment of necessary charges SR.No.11506 CRL OP.19223/2021 Date :20/10/2021 APN 25/10/2021