B.Kalaiarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22084 of 2021 B.Kalaiarasan ... Petitioner

Versus

State represented by, Inspector of Police, Puzhal Police Station, Puzhal, Chennai District.

(Crime No:1267/2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to grant anticipatory bail to the petitioner in the event of arrest in Crime No.1267/2021, pending investigation on the file of the respondent police. For Petitioner :

Mr.J.Senthamilarasu For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) *********

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 3 Tamilnadu Public Property (Prevention of Damages and Loss) Act 1992, in Crime No.1267 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 08.10.2021 the defacto complainant instructed the petitioner not to travel on steps. Thus the petitioner and de-facto complainant by having a wordy quarrel, petitioner damaged the glass of the bus. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner was found damaging glass of the bus and one previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Madhavaram, 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, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner is directed to deposit a sum of Rs.5000/- (Rupees Five Thousand only) to the credit of the Madras High Court Advocate Clerk Association 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 petitioner 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 petitioner is directed to report before the respondent police every Saturday at 10.30 a.m., until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 23/11/2021 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, MADHAVARAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PUZHAL POLICE STATION, PUZHAL, CHENNAI DISTRICT.

4 THE MADRAS HIGH COURT ADVOCATE CLERK ASSOCIATION, HIGH COURT, MADRAS.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to J.SENTHAMILARASU Advocate on payment of necessary charges SR.NO.13249 CRL OP.22084/2021 Date :23/11/2021 CSK 29/11/2021