Kannan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24809 of 2021 Kannan ... Petitioner

Versus

The State represented by The Inspector of Police, M-5, Ennore Police Station, Chennai - 600 057.

(Crime No.1008 of 2021) ... 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 by the respondent police concerned in Crime No.1008 of 2021 on the file of the Inspector of Police, M-5, Ennore Police Station, Chennai, on such terms and conditions. For Petitioner :

Mr.M.Vinoth For Respondent :

Mr.N.S.Sugunthan, Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 of IPC and Section 4 of TNPHW Act in Crime No.1008 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant have lodged a complaint with the respondent police on 09.12.2021 alleging that on 09.12.2021 the petitioner along with two others have abused the defacto complainant as well assaulted her with hand. 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 case in counter and 1 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 Court, Thiruvottiyur, 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.5,000/- (Rupees Five Thousand only) to the credit of the Anbagam Psychiatric Rehabilitation Centre (TERDOD), 5, Subbarayan Main Street, Opp Government Polytechnic College, Nammalwarpet, Otteri, Chennai, Contact No.044-26605865, 9444009988 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 daily 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 anticipatory 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/- 17/12/2021 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, THIRUVOTTIYUR, THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, CHENNAI-600 057.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE ANBAGAM PSYCHIATRIC REHABILITATION CENTRE (TERDOD), 5, SUBBARAYAN MAIN STREET, OPP GOVERNMENT POLYTECHNIC COLLEGE, NAMMALWARPET, OTTERI, CHENNAI.

Contact No.044-26605865, 9444009988 +1 CC to M/S.M.VINOTH Advocate on payment of necessary charges SR.NO.15058 CRL OP.24809/2021 Date :17/12/2021 RW 21/12/2021