Sivakani v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22318 of 2021 Sivakani ... Petitioner Vs.
The State rep. By
...Respondent
Inspector of Police Namakkal Police Station Namakkal District (Crime No.1765 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to grant bail to the petitioner pending investigation in Crime No.1765 of 2021 on the file of the respondent police.
For Petitioner : Mr.B.Sundarapandiyan For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 06.11.2021 for the offence under Section 3(1) of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.1765 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is working s a Driver of TNSTC Bus. On 03.11.2021 at about 23.10 hours, when the defacto complainant was driving the bus from Namakkal to Duraiyur, the petitioner pelted stone on the back side mirror of the bus and damaged the same. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for about 20 days from 06.11.2021. He would further submit that the petitioner without prejudice to his rights and contention is ready to pay a substantial amount to any charitable institute as may be directed by this Court and he would pray for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) raised objection stating that the petitioner has caused damages to the Government bus by pelting stone.
5.In order to curb the illegal activities and considering the submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioner shall be directed to make a non refundable deposit of Rs.3,000/- (Rupees Three Thousand Only), to the credit of the Registered Advocates Clerks Association, Namakkal, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the Association for the welfare of the Advocates.
6.It is made clear that the deposit of the amount by the petitioner to the said Association would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of bail.
7. Considering the period of incarceration undergone by the petitioner and the investigation is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate-I, Namakkal, and on further condition that:
(a) the petitioner shall make non-refundable deposit a sum of Rs.3,000/- (Rupees Three Thousand Only) through demand draft to the Registered Advocates Clerks Association, Namakkal, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner; (b)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 shall report before the respondent police daily at 10.30 a.m. until further orders;
(e)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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 25/11/2021 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.I, NAMAKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NAMAKKAL POLICE STAITON, NAMAKKAL DISTRICT 5 THE SUPERINTENDENT, CENTRALJAIL, SALEM.
6 THE REGISTERED ADVOCATE CLERK ASSOCIATION, NAMAKKAL DISTRICT.
+1 CC to M/S.B.SUNDARAPANDIYAN Advocate on payment of necessary charges SR.NO.13427 CRL OP.22318/2021 Date :25/11/2021 TA-25/11/2021