Prabu v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24302 of 2021 Prabu .. Petitioner Vs.

State, represented by The Inspector of Police Avadi Tank Factory Police Station, Thiruvallur District.

Crime No.349 of 2021

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the the petitioner on bail in the event of his arrest concerned in Crime No.349 of 2021 on the file of the Inspector of Police, Avadi Tank Factory Police Station, Thiruvallur District..

For Petitioner : M/s.M.Udayavani For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 341, 294(b), 427, 323, 324 and 506(ii) of IPC in Crime No.349 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant regarding vehicle damage worth about Rs.8,520/- , due to which, the petitioner along with other accused abused the defacto complainant in filthy language, assaulted him, and threatened him and caused injuries on him. Hence the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not been committed any such offence as alleged by

the prosecution and he has been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl side) submits that the injured has been discharged from the hospital. He further submits that the there are three previous cases as against the petitioner. Hence, he vehemently opposed for granting anticipatory bail to the petitioner.

5. The learned counsel, on instructions, submits that the petitioner, without prejudice to his rights, is ready to deposit the amount of Rs.20,000/- to the credit of the crime number on the file of the respondent police and also conceded the same to be disbursed to the defacto complainant. However, the learned counsel submits that before disbursing the amount to the defacto complainant, an affidavit of undertaking shall be obtained from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.20,000/- will be returned to him. 6.Considering the fact that the injured has been discharged from the hospital and also considering the fact that the petitioner is ready to deposit the amount of Rs.

20,000/- to the credit of the crime number on the file of the respondent police, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.

[a] the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty thousand Only) to the credit of Cr.No.349 of 2021 within a period of four weeks from the date of receipt of copy of this order before the learned Judicial Magistrate, Ambattur. On such deposits being made, the learned Judicial Magistrate, Ambattur shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.20,000/- deposited by the petitioner to the credit of Cr.No.349 of 2021 will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter;

[b] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 on every Wednesday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; [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 has been imposed and the petitioner is 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/- 15/12/2021 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, AMBATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, AVADI TANK FACTORY POLICE STATION, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. M.UDAYAVANI Advocate on payment of necessary charges SR.NO.14957 CRL OP.24302/2021 Date :15/12/2021 CSK 28/12/2021