Raja @ Rajasekaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.23415 of 2021 Raja @ Rajasekaran ... Petitioner

Versus

State Rep by The Inspector of Police, Valavanur Police Station, Villupuram District.

(*)(Crime No.218 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in (*)Crime No.218 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side) [CRL.O.P.NO.23415 of 2021] MR.A.Gokulakrishnan, Additional public Prosecutor [CRL.M.P.No.488 of 2022]

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 189, 269 of IPC and Sections 4(1)(aaa), 4(1-A) of TNP Act in (*)Crime No.218 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first accused was found in illegal possession of 400 litres of I.D.Arrack. Further, the first accused was arrested and remanded to judicial custody. Based on the confession of first accused, the petitioner was implicated in this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that co-accused had already been released on bail. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to the Madras High Court Advocate Clerks Welfare Association, Chennai. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the first accused was found in illegal possession of 400 litres of I.D.Arrack. Further, the first accused was arrested and remanded to judicial custody. Based on the confession of first accused, the petitioner was implicated in this case. He further submitted that the investigation is almost completed.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed, 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 No.II, Villupuram, 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.10,000/- (Rupees Ten Thousand only) to the credit of the Madras High Court Advocate Clerks Welfare 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 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 on every Tuesday and Sunday 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/- 07/12/2021 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.

(*)AMENDED AS PER ORDER OF THIS COURT DATED 21/01/2022 MADE IN CRL.MP.No.488 OF 2022 IN CRL.O.P.NO.23415 OF 2021 TO 1 THE JUDICIAL MAGISTRATE, NO.II, VILLUPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, VALAVANUR POLICE STATION, VILLUPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE MADRAS HIGH COURT ADVOCATE CLERKS WELFARE ASSOCIATION, CHENNAI.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.23415/2021 Date :07/12/2021 JPA 14/12/2021 JPA 15/02/2022 j