Allowed

Raja v. State Rep by

Madras HC25 Sept 2020CRL OP/14848/2020

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras granted anticipatory bail to the petitioner under Section 438 Cr.P.C. The court imposed conditions including execution of a bond, daily reporting to police, and prohibition of tampering with evidence or absconding, citing P.K.Shaji case.

What did the court decide?

Anticipatory bail granted subject to conditions: bond execution, daily reporting, and restriction on tampering or absconding.

Raja Vs State Rep by — Anticipatory Bail | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.09.2020

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CORAM

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THE HONOURABLE MR. JUSTIC E A.D.JAGADISH CHANDIRA

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Crl.O.P.No.14848 of 2020

Raja

... Petitioner

Vs.

The State represented by, The Inspector of Police, Arcot Town Police Station, Vellore District. (Crime No.760/2020) ... Respondent

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Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to grant anticipatory bail in the event of arrest of the petitioner in connection with Crime No.760 of 2020 on the file of the respondent police.

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For Petitioner : Mr.G.P. Sivakmar

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For Respondent : Mr. M.Mohamed Riyaz

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Additional Public Prosecutor O R D E R (The case has been heard through video conference)

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The petitioner, who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 294(b), 323, 324 and 506(ii) IPC and r/w Section 4 of Women Harassment Act, 2002, in Cr. No.760 of 2020, on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution as per defacto complainant is that there was a wordy quarrel between the petitioner and the de facto complainant and it is alleged that the petitioner and his friends have assaulted the de facto complainant and abused him with filthy language. Hence, the complaint.

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The learned counsel for the petitioner would submit that the petitioner is a innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital. He further submitted that there are no previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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Considering the above facts and circumstances of the case and the fact that the injured has been discharged from the hospital and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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[a] 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 after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the District munsif cum Judicial Magistrate, Arcot 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:

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[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.

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[c] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter every monday at 10.30 a.m., until further orders.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioner shall not abscond either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Magistrate 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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With the above directions, this Criminal Original Petition is ordered.

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-sd/-

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25/09/2020

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.

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1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARCOT

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2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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3 THE INSPECTOR OF POLICE, ARCOR TOWN POLICE STATION, VELLORE DISTRICT.

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CC to M/S.G.P.SIVAKUMAR Advocate on payment of necessary charges

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CRL OP.14848/2020 Date :25/09/2020 RVR 08/10/2020

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https://hcservices.ecourts.gov.in/hcservices/

Raja v. State Rep by

Case brief

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Raja v. State Rep by

Case brief

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