Prabu @ Samuvel v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twelfth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21066 of 2021 PRABU @ SAMUVEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, WALAJABAD POLICE STATION, KANCHEEPURAM DISTRICT.
CRIME NO.893 OF 2021 For Petitioner : M/S D.DAYALAN Advocate For Respondent : MR.N.S.SUGANTHAN, 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 147, 148, 109, 341, 323, 324, 397 and 506(ii) of IPC in Cr.No.893 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 18.08.2021, when the 5 unknown persons are joined together armed with deadly weapons and entered into informant's company, caused hurt to the defacto complainant on his face and shoulder by using hands and wooden log and threatened with dire consequences and robbed huge amount from the defacto complainant' company. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the co-accused were already enlarged on anticipatory bail by the District and Sessions Court-II in Crl.MP.Nos.1810, 1817 and 1832 of 2021 dated 25.10.2021. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submits that the investigation has been completed.
5. Considering the fact that the investigation almost completed, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory 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 Court-II, Kancheepuram 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 on every Monday and Friday 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 anticipatory 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/- 12/11/2021 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, NO.II, KANCHEEPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, WALAJABAD POLICE STATION, KANCHEEPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S D.DAYALAN Advocate on payment of necessary charges SR.NO.12792 CRL OP.21066/2021 Date :12/11/2021 JPA 17/11/2021