MEMORANDUM OF CRIMINAL ORIGINAL PETITION
(Under Section 438 of Criminal Procedure Code)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Crl.O.P.No. of 2019
IN
Crime No. 105 of 2019
[On the file of the Inspector of Police, D1-Triplicane Police station,
Chennai)
Baskar kumar, (Aged years)
S/o Sanjay Mandal,
Panchayat Bank Village (Post),
GormaraPMohanfur,
Deghar Jharkhand – 814 120. …Petitioner/Accused
Vs
State rep by,
The Inspector of Poilce,
D1-Triplicane Police station,
Chennai.
(Crime No: 105 of 2019) …Respondent/Complainant
PETITION FOR ANTICIPATORY BAIL
The address for service of all notices and process on the
Petitioner is that his counsel M/s.R.SARANYA, R. SWAPNA, V.
VIVEKANANDAN & G. NIVEDITA, Advocates, having his office at
No.766, Sakthi Towers -1, Mount Road, Chennai-600 002.
The address for service of all notices and processes on the
Respondent is that of the same as mentioned above.
1. The Respondent Police have filed a case in crime
No.105/2019 on 10/02/2019 under section 224 and 353 IPC on the basis of
complaint given by the defacto complainant against the petitioner.
2. The petitioner submit that the prosecution theory is that on
10.02.2019 at 20.000 hrs K. Mohan Doss D1 Triplicane Police Station while
present of duty Adhir Kumar Dey Constable 556 lodged a Complaint as
follows:- From Adhir Kumar Dey Constable 556 Cyber Crime Police Station,
Bidhannagar, DF06, Sector -1, Salt Lake, Kolkata – 54, 8617752076/
03323535589. To, The Inspector of Police, D1 Triplicane Police Station,
Triplicane, Chennai – 600002. Sir, Sub: Prayer for lodging an Fir against the
accused Bhaskar Kumar (25) S/o Sanjay Mandal, Panchayat Bank, Vill+ PO
Ghormara PS Mohanpur, Deghar, Jharkhand 814120 who fled from police
custody during the Transit remand period-Regarding with due respect and
humble submission I Constable – 556 Adhir Kumar Dey, presently posted in
Cyber Crime Ps under Bidhannagar Police Commissionerate beg to state that
I along with ASI Atanukhamaru of the same police Station came to Triplicane,
Chennai in connection to accompany our raid team who was already here in
Chennai in connection with Bidhannagr South Police Station Case No: 13/19
Dated 01/02/2019 U/s 450,467,468,471,120B,34 IPC. Three persons were
arrested by the case namely:
i. Vijay Kumar Manda; (22) S/o Manoj Kumar Mandal, AT – Charghara,
PO+PS Karmatar Dist- Jamtara, Jharkhand 81532,
ii. Bhaskar Kumar (25) S/o Sanjay Mandal, Panchayat Bank, Vill+ PO
Ghormara PS Mohanpur, Deghar, Jharkhand 815352
iii. Sugendar Kumar Mandal (21), S/o Rajmani Mandal Vill –
Ringochingo, PO Patrodih, PS KarmataJharkhan from Hotel New
Park, Bells Road, Triplicane and kept at safe custody at D1
Triplicane Police Station, Chennai, Tamil Nadu. On 10.02.2019 the
IO of the Case S.I Md. Abdun Nur Chowdhary produced the three
arrested accused before the Metropolitan Magistratre – XIII, Chennai
and was granted 05 days transit for producing the arrested accused
before the Learned Additional Magistrate, Bidhannagar Court, Salt
Lake. We along with the arrested accused and our team officers
accompanied by the staff returned to Triplicane Police station and
kept the arrested there where I stayed there as the to look after the
arrested person of Duty officer and other staff. My other team
member SI Rickey Tamang and ASI Atanukhamaru went to Chennai
Central Railway station to book our return tickets to Kolkata while SI
Md. Abdun Nur Chowdhary went to change his uniform. I was
briefed by the officer to take care about the three persons in
custody. At about 16:20 hrs one arrested accused named Bhaskar
Kumar (25) S/o Sanjay Mandal wanted to go to the toilet as his
stomach was paining, hence I told the officer present to assist me to
the toilet situated behind the Police Station. He advised me to take
the person while he said he would look after the other two arrested
persons. So I took the accused Bhaskar Kumar (25) S/o Sanjay
Mandal, to the toilet and while returning he forcefully pushed me
and removed my hand from his hand which I was holding and ran
out towards the main road, I chased him towards the road and
made hue and cry but no one understood my language (I raised
alarm in Bengali) and helped meso he slipped through the traffic
while I got stuck because of the incoming vehicles, by the time I
crossed the road he was nowhere to be seen, I checked with the
locals on the other side of the road but they did not understand me
again, I therefore informed my other officer about the incident who
rushed to the spot and with the help from the local police looked in
almost all places where we could find him but did not find the
accused Bhaskar Kumar (25) S/o Sanjay Mandal. I have tried my
best to find the accused that fled from the police Station but did not
find him. Hence this case.
3. That the petitioner was in search of job at Chennai, the
Respondent police arrested connection with Bidhannagar south police
station Case No: 13/2019 dated: 01/02/2019 and also registered a
fresh FIR in crime No: 105/2019 dated: 10/02/2019 u/s 224 and 353
IPC. The petitioner submits that the respondent police falsely
implicated the petitioner in the above crime No.105 of 2019.The
petitioner submit that the Bidhannagar South police registered
case in crime No: 13/2019 dated: 01/02/2019 under section 420,
467, 463, 471, 120 B and 34 of IPC under bogus and concocted
stories, against the petitioner. The petitioner further sate that he
is confined at Kolkata prison in connection with Crime No.7, 9 and
13 of 2019 and the same was granted bail on 16.10.2019 and 18-
10-2019 by the Additional Chief Judicial Magistrate, Bidhanagar.
4. The petitioner submits that the respondent police
falsely implicated the petitioner in the above crime No.105 of
2019. But the respondent police have tried to arrest him in crime
No.105 of 2019. Therefore he moved anticipatory bail petition
before the Principal Sessions Court, Chennai in C.M.P.No.8961 of
2019. The same was dismissed on 22-05-2019.
5. The petitioner submits that the petitioner again he 2 nd
anticipatory bail before the Principal Sessions Court, Chennai in
C.M.P.No.9678 of 2019. The same was dismissed on 29-05-2019.
Later, he moved 3rd anticipatorybail petition before the Principal
Sessions Court, Chennai in C.M.P.No.23010 of 2019. The same
was dismissed on 31-10-2019. The petitioner further submits that
he is not at all involved in the above case. He is innocent law-
abiding citizen and has not committed any offence as alleged by
the Respondent. He has been falsely implicated in this case.
6. The petitioner undertakes that he will not, directly (or)
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the courts or to any police officer.
7. The Petitioner submits that he is ready to abide by any
condition and furnish substantial sureties to the satisfaction of
this Honourable Court. This is the first Anticipatory Bail Petition
filed before this Honourable Court.
It is therefore prayed that this Honourable Court may be
pleased to enlarge the Petitioner on bail in the event of his arrest
in respect of Crime No.105 of 2019 on the file of the Inspector of
Police, D1-Triplicane Police station, Chennai, pending investigation
and thus render justice.
Dated at Chennai on this the 04th day of November, 2019
COUNSEL FOR PETITIONER
1. Bail to the Satisfaction of the
II Metropolitan Magistrate,
Egmore, Chennai
2. No similar Petition is pending
in any other court.
CHENNAI :: DISTRICT
HIGH COURT :: MADRAS
Crl.O.P.No. of 2019
IN
Crime No. 105 of 2019
PETITION FOR ANTICIPATORY BAIL
M/s. R. Saranya,
Enl.No.506/2012
R. Swapna,
Enl.No.3363/2009
V.
Vivekanandan
Enl.No.17/2019
&
G. Nivedita
Enl.No.3266/2018
COUNSEL FOR PETITIONER
Cell No.9840234446
