M.Devamani v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21117 of 2021 M.DEVAMANI [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NEELANKARAI POLICE STATION, ADAYAR, CHENNAI DISTRICT.
CR NO.754/2021.
For Petitioner : M/S.M.LOKESH Advocate For Respondent : MR.N.S.SUGANTHAN, Counsel for Govt.Public Prosecutor 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 353, 506(1) of IPC r/w Sec 4(1)(j) of the Tamil Nadu Prohibition Act, 1937 in Cr.No.754 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the Special Sub Inspector of Police. It is alleged that while the defacto complainant was in formal vehicle check up, the petitioner in drunken mode came in a two wheeler and not co-operated with the defacto complainant. Thereby, the defacto complainant lodged a complaint 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 and he has been falsely implicated in this case. He further submits that the petitioner is a coolie labour and the defacto complainant attacked the petitioner for not co-operating with him due to which the petitioner sustained grievous injuries. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate submits that the petitioner came in his two wheeler in drunken mode and not co-operated with the defacto complainant and prevented him from doing his duty. He further
submits that there is no previous case pending against the petitioner. However, he opposed for granting anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and that 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 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, Alandur, 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 every Wednesday at 10.30 a.m. for a period of four 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 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/- 10/11/2021 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, NO.II, ALANDUR, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NEELANKARAI POLICE STATION, ADAYAR, CHENNAI DISTRICT.
+1 CC to M/S.M.LOKESH Advocate on payment of necessary charges SR.NO.12661 CRL OP.21117/2021 Date :10/11/2021 TA-16/11/2021