Madras High CourtCRL OP/2395/2022granted

Nalla Venkanna v. State Rep By

2022-02-02Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.2395 of 2022 1.Nalla Venkanna 2.Kondamuri Kusuma Nagendra Prasad 3.Dhulipudi Madhu @ Madhava Venkannan ... Petitioners

Versus

State represented by The Station House Officer, Yanam Police Station, Yanam.

(Crime No.11 of 2022) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.11 of 2022 on the file of the respondent.

For Petitioners : Mr.S.Doraisamy for V.Elangovan For Respondent : Mr.V.Balamurugane, Additional Public Prosecutor (P) *********

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 341, 353, 506 and 34 of IPC in Crime No.11 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 28.01.2022 one Jeyachandran who is the Deputy Tahsildar-cum-Inspector of Legal metrology lodged a complaint to the respondent stating that on 28.01.2022 when the complainant was in official duty the 1st petitioner who is the President of the Merchants Association, Yanam entered into the office of the complainant and shouted at him for penalizing a petty shop for selling the product more than the MRP. Thereafter the 2nd and 3rd petitioners also came there and abused the defacto complainant and threatened him with dire consequences. Hence, the complaint.

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

4. The learned Additional Public Prosecutor (P) appearing for the respondent submitted that the petitioners abused the defacto complainant and threatened him with dire consequences, if they released on bail they were absconding. However, he vehemently opposed to grant anticipatory bail to the petitioners.

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

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 Judicial Magistrate, Yanam, on condition that the petitioners 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 petitioners shall report before the respondent police on every Monday and Saturday at 10.30 a.m., until further orders;

(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/- 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 JUDICIAL MAGISTRATE, YANAM.

2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY [FOR INFORMATION].

3 THE STATION HOUSE OFFICER, YANAM POLICE STATION, YANAM.

4 THE PUBLIC PROSECUTOR PUDUCHERRY +1 CC to M/S V.ELANGOVAN Advocate on payment of necessary charges SR.NO.1707 CRL OP.2395/2022 Date :02/02/2022 JPA 09/02/2022