Ravi @ Puratchi Ravi @ Purushothaman v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.25512 of 2021 Ravi @ Puratchi Ravi @ Purushothaman ... Petitioner
Versus
State represented by ... Respondent The Inspector of Police, Grand Bazar Police Station, Puducherry District.
(Crime No.249 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 Crime No.249 of 2021 on the file of the respondent pending investigation.
For Petitioner : Mr.M.P.Yuvaraj For Respondent : Mr.V.Balamurugane, Additional Public Prosecutor (P)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 420, 468 and 471 of IPC in Crime No.249 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant purchased a CRETA car from one Suresh. A month before he received a call from Periya Kadai Police station and they enquired about his car and he informed that he is having his car with him. After that on 22.10.2021 he appeared before the said police station and came to know that the petitioner was arrested by Periya Kadai Police in connection with Crime No.202 of 2021 and the car was recovered from him, in that they fund RC Book xerox copies stands in the name of defacto complainant's previous owner. Since they found difference in engine number and chassis number they called defacto complainant for enquiry. Aggrieved over the same the defacto complainant lodged complaint against the petitioner herein. 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. He further submitted that he is ready to co-operate for investigation with any condition. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the vehicle was already seized. 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 directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Chief Judicial Magistrate, Puducherry, 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 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 shall report before the respondent police on every Tuesday, Friday and Sunday at 10.30 a.m., until further orders;
(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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 04/01/2022 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 CHIEF JUDICIAL MAGISTRATE PUDUCHERRY 2 THE PUBLIC PROSECUTOR PUDUCHERRY.
3 THE INSPECTOR OF POLICE, GRAND BAZAR POLICE STATION, PUDUCHERRY DISTRICT.
+1 CC to M/S M.P.YUVARAJ Advocate on payment of necessary charges SR.NO.146 CRL OP.25512/2021 Date :04/01/2022 TA-07/01/2022