JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.6088 of 2020 – sc st act case ab granted For Petitioner : Mr.L.Murali Krishnan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2020
CORAM
THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA
Crl.O.P.No.6088 of 2020
K.S.John Isac Ruban
S/o. Maniyasusai … Petitioner
Vs.
1. The Inspector of Police,
Thiruvallur Taluk Police Station,
Thiruvallur District.
2. K.Rajasekaran
S/o. Kollapuri
3. The Deputy Superintendent of Police,
Thiruvallur Taluk and District,
Thiruvallur. …Respondent
Pr ayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to
enlarge the petitioner on bail in the event of his arrest in Connection with
the Crime No.81 of 2020 pending on the file of the respondent police.
For Petitioner : Mr.L.Murali Krishnan
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
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6. Though notice has been served on the second respondent and
his name has been printed in the cause list, none appeared on behalf of the
second respondent.
7. In the opinion of this Court, no prima facie case is made out
for invoking the penal provisions under the SC/ST (Prevention of
Atrocities) Act 1989 and thereby, there cannot be a bar for grant of
anticipatory bail to the petitioner.
8. 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 from the date of receipt of a copy of this order, before the learned
Judicial Magistrate – I, Thiruvallur, 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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[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 Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent for a period
of one week and thereafter as and when required for 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 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered
under Section 229A IPC.
8.With the above directions, this Criminal Original Petition is
ordered.
22.09.2020
dh
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