Ramesh @Tamil Selvan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1900 of 2022
1. Ramesh @ Tamil Selvan
...Petitioners
2. Manirathinam @ Mani (Boxer Mani) Vs.
The State Represented by
...Respondent
The Inspector of Police, Periyapalayam Police Station, Thiruvallur District.
(Crime No.15 of 2022) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.15 of 2022 on the file of the Inspector of Police, Periyapalayam Police Station, Thiruvallur District.
For Petitioners : Mr.R.Rajadurai for Mr.M.Vinoth For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 294(b) 353 and 506(ii) of IPC in Cr.No.15 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to the previous enmity with regard to money dispute , on 30.09.2021, while the defacto complainant is working in the IOB Bank, the petitioners have abused the defacto complainant in filthy language and threatened him with dire consequences. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl side) on instructions submits that no one had sustained injury. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the submissions made by both counsel and also considering the fact that no one had sustained injury , this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on 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-Cum- Judicial Magistrate Court, Uthukottai on condition that the petitioners shall execute separate bonds 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, failing which, the petition for anticipatory bail shall stand dismissed 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 on every Tuesday at 10.30 a.m.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 28/01/2022 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 COURT, UTHUKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, THRIUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.M.VINOTH Advocate on payment of necessary charges CRL OP.1900/2022 Date :28/01/2022 TA-11/02/2022