Sankar 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.20647 of 2020 Sankar ... Petitioner Vs.
The state represented by The Inspector of Police, Tiruvarur Taluk Police Station Thiruvarur District.
(Crime No. 1627 of 2020).
... Respondent 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.1627 of 2020 on the file of the respondent police. For Petitioner : Mr.Sheik Mohamed For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Section 379 of I.P.C, in Crime No.1627 of 2020, on the file of the respondent/Police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner/A2 in this case along with other two accused persons have stolen the batteries of the defacto complainant's TATA HITACHI vehicle. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any 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 along with the other accused have stolen the batteries from the defacto complainant's vehicle. He would further submit that A1 in this case has been already arrested and released on bail. Therefore, he opposed to grant of bail to the petitioner.
5. Considering the facts and circumstances of the case and also of the fact that A1 in this case was released on bail, this Court is inclined to grant anticipatory bail to the petitioner with stringent conditions. 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 on which the order copy made ready, before the Judicial Magistrate, Tiruvarur 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 shallstand 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 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].
[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 COURT, TIRUVARUR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, TIRUVARUR TALUK POLICE STATION, TIRUVARUR DISTRICT.
CC to M/S M.SUBASH Advocate on payment of necessary charges CRL OP.20647/2020 Date :25/01/2021 cs 10/02/2021