Shanu@John Batsha v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.21509 of 2021 Shanu @ John Batsha ... Petitioner Vs.
The State Rep by ... Respondent The Inspector of Police, Anupparpalayam Police Station, Thiruppur District.
Cr.No.876 of 2017.
Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police pending investigation in Crime No.876 of 2017 on the file of the respondent police.
For Petitioner : Ms.V.Chellammal For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
The petitioner who apprehends arrest for the alleged offence under Section 392 of IPC in Crime No.876 of 2017 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that petitioners along with others way laid the defacto complainant and his friend and snatched his friend's mobile phone and his bike and escaped from the place. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) appearing for the respondent submits that investigation is almost completed.
5. Considering the facts and circumstances of the case and also considering the submissions made by both counsel and also the fact that the investigation is almost completed, this Court 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 III Judicial Magistrate Court, Thiruppur, 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 Wednesday 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 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/- 18/11/2021 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.III, THIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ANUPPARPALAYAM POLICE STATION, THIRUPPUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.V.CHELLAMMAL Advocate on payment of necessary charges SR.No.12982 CRL OP.21509/2021 Date :18/11/2021 APN 26/11/2021