Sathish v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No. 22048 of 2021 1.Sathish 2.Riyasdheen 3.Sathish ... Petitioners
Versus
State represented by, The Inspector of Police, Arakandanallur Police Station, Villupuram.
(Crime No.611 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in the event of their arrest in Crime No.611 of 2021, pending investigation on the file of the respondent police. For Petitioners : Mr.M.Karthik For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 353, 328 and 506(ii) of IPC r/w 24(1) COTPA Act in Cr.No.611 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of banned tobacco products and also threatened the police officials. Hence the complaint.
3. The learned counsel appearing for the petitioners submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been been falsely
implicated in this case. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.50,000/- to the credit of the Tamil Nadu Advocate Clerk Association, Chennai that may be imposed by this Court Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners were found in illegal possession of tobacco products and also threatened the police officials. He further submitted that there is no previous case pending against the third accused, one case pending against the first accused and second accused. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thirukkovilur, on condition that the petitioners shall execute separate 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, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners are directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of the Tamil Nadu Advocate Clerk Association, Chennai, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.
[b] the petitioners and the sureties shall affix their 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.
[c] the petitioners are directed to report before the respondent police on every Wednesday and Saturday at 10.30 a.m., until further orders;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 22/11/2021 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, THIRUKKOVILUR, VILUPPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ARAKANDANALLUR POLICE STATION, VILLUPURAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE TAMIL NADU ADVOCATE CLERK ASSOCIATION, CHENNAI.
+1 CC to M/S.M.KARTHIK Advocate on payment of necessary charges SR.NO.13291 CRL OP.22048/2021 Date :22/11/2021 RW 25/11/2021