G.Ponnurangam v. The State Of Tamilnadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1675 of 2022 1.G.Ponnurangam 2.G.Narasimman 3.k.Velu 4.M.Kumar 5.K.Arunachalam 6.K.Elangovan @ Elango 7.A.Ananthan 8.K.Suresh 9.P.Boopathy 10.P.Harikrishnan 11.K.Thamizharasan .. Petitioners Vs.
The State represented by The Inspector of Police, RK PET Police Station, Tiruvallur District.
(Crime No.10 of 2022)
...Respondent/complainant
Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on Anticipatory Bail in the event of their arrest in Crime No.10 of 2022 pending investigation on the file of the respondent police.
For Petitioners : Mr.B.Pachaiyappan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 324, 506(2) of IPC in Crime No.10 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution on 16.01.2022 during kanu pongal due to previous vengeance petitioners assaulted the defacto complainant and his family members and abused in filthy language . Hence the complaint.
3. The learned counsel appearing for the petitioners submit that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. He prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent opposed for granting anticipatory bail to the petitioners by stating that the due to the civil disputes petitioners attacked the defacto complainant and his family members and the investigation almost completed
5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioner are ordered to be released on bail in the event of arrest or their 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 District- Munsif- Judicial-Magistrate, Pallipatu, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent police as and when required for an interrogation;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial;
[f] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions has been
imposed and the petitioners are 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; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 25/01/2022 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.
TO 1 THE DISTRICT MUNSIF - CUM- JUDICIAL MAGISTRATE, PALLIPATU.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, RK PET POLICE STATION, TIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S.B.PACHAIYAPPAN Advocate on payment of necessary charges SR.NO.1181 CRL OP.1675/2022 Date :25/01/2022 INBA~08/02/2022