K.Saravanan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.12.2021
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL.O.P.No.25860 of 2021 K.Saravanan
...Petitioner
Versus
State Represented by
...Respondent
The Inspector of Police, Perambalur Police Station Perambalur.
(Crime No.Not known 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 arrest on the file of the respondent police. For Petitioner : Mr.T.Perinbanathan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 341, 506(2) IPC seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the Panchayat President and there was a conflict between the petitioner and the defacto complainant as if he misappropriated a huge sum of money in hundred days scheme by recording absurd attendance of persons, who were not present in the work. In the said circumstances, the criminal case has been registered against the petitioner. Now apprehending arrest, the present petition has been filed by the petitioner.
3. The learned counsel appearing for the petitioner submitted that whe the petitioner went to the Panchayat office at Kavulpalayam, the defacto complainant only abused the petitioner, since there was a conflict between them due to misappropriation of huge sum of money
belong to panchayat office. The learned counsel would further submit that the petitioner is an innocent person and he is no way connected with the offence. He would submit that he has been falsely implicated as accused in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that now, a F.I.R. in crime No. 1585 of 2021 was registered for the offence under Sec.341, 379 r/w 3 of PPDL Act, as there was a conflict of between them, the petitioner has broken TV, window glass and also stolen records. He would submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the fact that on the date of occurrence, due to a conflict between the parties, the petitioner raised certain allegation against the defacto complainant, the case registered, there is no previous case pending against the petitioner, and therefore, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions.
6. Accordingly, this Criminal Original Petition is allowed. 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 No.I, Perambalur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before respondent police daily at 10.30 a.m. for the period of three weeks.
[c]the petitioner shall not tamper with the 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 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/12/2021 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, NO.I, PERAMBALUR.
2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR.
+2 CC to M/S.T.PERINBANATHAN Advocate on payment of necessary charges SR.NO.15626 CRL OP.25860/2021 Date :29/12/2021 TA-04/01/2022