Prakash v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24..02..2021 CORAM :- THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.2013 of 2021 1.Prakash ... Petitioners 2.Karal Marks -VersusState Rep. by ... Respondent The Inspector of Police, Thiruthuraipoondi Police Station, Thiruthuraipoondi, Tiruvarur District.

[Crime No.239 of 2021 PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in Crime No. 239 of 2021 pending investigation on the file of the respondent police.

For Petitioners: Mr.K.Sellathurai For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police in connection with the case in Crime No.239 of 2021 for the alleged offence under Sections 341, 352, 353, 188 and 506(ii) of IPC of IPC, seek anticipatory bail.

2. I have heard the learned counsel for the petitioners and the learned Additional Public Prosecutor and also perused the records carefully.

3. The allegation is that the petitioner conducted a rally in support of the farmers in which they petitioners abused the police officials and prevented them from discharging their official duty and also criminally intimidated them.

4. The learned Additional Public Prosecutor would strongly oppose the petition.

5. Considering the facts and circumstances of the case and also the fact no one is said to have sustained injuries in the occurrence, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions :- a) Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruthuraipoondi, Tiruvarur District, on each of them executing 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: [b] 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. [c] the petitioners shall report before the respondent police as and when required by the police for 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 have been imposed and the petitioners released on bail by the learned Magistrate himself /Trial Court as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered.

-sd/- 24/02/2021 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 JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI, TIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, THIRUTHURAIPOONDI, TIRUVARUR DISTRICT.

+1 CC to M/S.K.SELLATHURAI Advocate on payment of necessary charges SR NO. 2278 CRL OP.2013/2021 Date :24/02/2021 MN-02/03/2021