Anbarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25581 of 2021 Anbarasan .. Petitioner Vs.

The State Rep.by The Inspector of Police Virudhachalam Police Station, Virudhachalam, Cuddalore District.

Crime No.495 of 2012

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.495 of 2012 on the file of the respondent police. For Petitioner : Mr.S.Madhusudanan 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 Section 147, 448, 427 and 506 (ii) of IPC in Crime No.495 of 2012, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stated that when he was not in the house, the petitioner along with others trespassed into the defacto complainant's house and damaged the properties. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that petitioner was not aware about the complaint and without the knowledge of the petitioner, the respondent police was filed a absconding charge sheet in C.C.NO.191 of 2018. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) raised objection stated that absconding charge sheet was filed against the petitioner in C.C.No.191 of 2018.

5. Considering the facts and circumstances of the case and also the submission made by both the counsel, this Court is inclined to grant anticipatory bail to the petitioner.

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 Judicial Magistrate No.I, Virudhachalam, Cuddalore District 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 Court concerned 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 Wednesday at 10.30 a.m for a period of four weeks and thereafter as and when required for an interrogation;

[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 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;

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

-sd/- 03/01/2022 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 JUDICIAL MAGISTRATE NO.I, VIRUDHACHALAM, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, VIRUDHACHALAM POLICE STATION, VIRUDHACHALAM, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.S.MADHUSUDANAN Advocate on payment of necessary charges CRL OP.25581/2021 Date :03/01/2022 INBA?10/01/2022