Airport Gandhi@Gandhi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3797 of 2022 1 AIRPORT GANDHI @ GANDHI [ PETITIONERS / ACCUSED ] 2 KANNAN 3 SANKAR 4 ARUMUGAM 5 KUPPUSAMY 6 RAMESH Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, STEEL PLANT POLICE STATION, SALEM CRIME NO.13 OF 2022 For Petitioner : M/S K.KARTHIK Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under Sections 147, 447, 269, 505(2), 506(i) of IPC in Crime No.13 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused entered into the defacto complainant's house and abused him with filthy language and also threatened him with dire consequence. Hence the present case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that originally the defacto complainant and others abused and threatened the petitioners for which, the second petitioner lodged complaint as against the defacto complainant in Crime No.12 of 2022 on the file of the respondent Police. Hence, he prays for Anticipatory Bail to the petitioners.

4. The Government Advocate (Crl. Side) appearing for the respondent police raised objection stating that the investigation is pending. However, he admits that it is a case of case in counter.

5. Submissions made by the learned counsel appearing on either side are considered.

6. The respondent police registered the case against the petitioners for the offences punishable under Sections 147, 447, 269, 505(2), 506(i) of IPC. Further, it is a case of case in counter and the petitioners are having permanent residence. Therefore, considering the nature of offence committed by the petitioners, custodial interrogation of the petitioners is not necessary for completing investigation. Accordingly, taking note of all the above said aspects into consideration and having regard to the nature of offence committed by the petitioners, this Court is inclined to grant Anticipatory Bail to the petitioners with certain conditions. 7.

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 Judicial Magistrate Court-I, Salem, on condition that each of the petitioners shall execute a bond for a sum of Rs.

(b) the petitioners shall report before the respondent police daily at 10.00 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 petitioner in accordance with law as if the conditions have 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/02/2022 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, NO.I, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, STEEL PLANT POLICE STATION, SALEM .

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S S.CHANDRANATHAN Advocate on payment of necessary charges SR.NO. 2576 CRL OP.3797/2022 Date :16/02/2022 RW 22/02/2022