Palaipattabiraman @ Pattabiraman v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.23759 of 2021 Palai Pattabiraman @ Pattabiraman

...Petitioner

Versus

The State Rep by

...Respondent

The Inspector of Police, Edaiyur Police Station, Thiruvarur District.

(Crime No.167 of 2018) (C.C.No.42 of 2021) 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 C.C.No,42 of 2021 pending on the file of Learned Judicial Magistrate Court, Thiruthuraipoondi in Crime No.167 of 2018 on the file of the respondent police. For Petitioner : Mr.P.Muthamizhselvakumar 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 punishable under Sections 147, 148, 506(i) of IPC, in C.C.No,42 of 2021 pending on the file of Learned Judicial Magistrate Court, Thiruthuraipoondi in Crime No.167 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.10.2021, the petitioner received the summons from the learned judicial Magistrate Court, Thiruthuraipoondi mentioning that the case has been taken on the file of C.C.No.42/2021 and the same was pending directed the petitioner to appear before the learned Court on 06.12.2021 after receiving the same petitioner duly inquired about the same before the respondent police station, it came to know that the case in Crime No.167 of 2018 has been registered by the respondent police.

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 the petitioner had already been granted anticipatory bail and he could not able to execute the sureties. 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 investigation has been completed and the charge sheet has also been filed. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), 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 Court, Thiruthuraipoondi, 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 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.

[b] the petitioner is directed to appear before the trial Court on all hearing dates, without fail. .

[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 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].

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

-sd/- 10/12/2021 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.

TO 1 THE JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE EDAIYUR POLICE STATION, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.NO.14677 CRL OP.23759/2021 Date :10/12/2021 CSK 17/12/2021