Madras High CourtCRL OP/1266/2022granted

S.Tamilselvan v. State Rep By

2022-01-21Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1266 of 2022 S.Tamilselvan ... Petitioner

Versus

State represented by The Inspector of Police, (*)Needamangalam Police Station, Thiruvarur District.

(Crime No.56 of 2020) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.56 of 2020 dated 04.03.2020 on the file of respondent police. For Petitioner :

Mr.D.Alexis Sudhakar For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor (Dated 21/01/2022) MR.L.BASKARAN,Govt. Advocate (Crl. Side) (Dated 28/02/2022)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 324, 506(2) of IPC and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.56 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that due to the previous enmity,the petitioner along with the four other accused persons went to the house of the defacto complainant and attacked him with stick on his left leg and also criminally intimidated him.Hence,the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the co-accused already released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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, Needamangalam, 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 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 police on every Wednesday at 10.30 a.m.

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 21/01/2022 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.

(*)AMENDED AS PER ORDER OF THIS COURT DATED 28/02/2022 MADE IN CRL.MP.No.1324/2022 TO 1 THE JUDICIAL MAGISTRATE, NEEDAMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, (*)NEEDAMANGALAM POLICE STATION, THIRUVARUR DISTRICT.

4 THE INSPECTOR OF POLICE, DEVANGUDI POLICE STATION, THIRUVARUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. D.ALEXIS SUDHAKAR Advocate on payment of necessary charges Sr.3086 CRL OP.1266/2022 Date :21/01/2022 RVR 27/01/2022 RVR 03/03/2022