Ponmani v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2373 of 2022 Ponmani ... Petitioner Vs.

The State Represented by The Inspector of Police, G-5, Chunambedu Police Station, Chengalpet District.

(Crime No.313 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of their arrest by the respondent police concerned in crime No.313 of 2021, on the file of the respondent Police.

For Petitioner : Mr.R.Lakshmikanth For Respondent : Mr.N.S.Sugunthan Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 302 @ 302, 109, 147, 148, 120(b) of IPC, in Crime No.313 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the deceased is the husband of the defacto complainant. It is alleged that the deceased was a ganja peddler and a notorious rowdy. For which, the father of the petitioner used to send petition to the police about the illegal acts of the deceased. It is further alleged that the deceased had murdered the father of the petitioner and thereby the deceased was arrested and subsequently he was released on bail on 03.09.2021 and in retaliation, the petitioner along with other accused persons had attacked the deceased, due to which he sustained multiple injuries and thereby the deceased lost his life. Hence, the complaint.

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

4. The learned Additional Public Prosecutor submits that earlier petitions were dismissed by this Court in Crl.O.P.Nos.21002, 23810 and 25996 of 2021 and investigation is almost completed. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner.

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 XVI Metropolitan Magistrate, George Town, Chennai, 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 petitioner 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 petitioner shall report before the respondent police daily morning at 10.30 a.m. and evening at 05.30p.m.

(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 has 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/- 02/02/2022 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 METROPOLITAN MAGISTRATE, NO.XVI, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, G-5, CHUNAMBEDU POLICE STATION, CHENGALPET DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.LAKSHMIKANTH Advocate on payment of necessary charges CRL OP.2373/2022 Date :02/02/2022 JPA 14/02/2022