Meera Maideen @ Koyya v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4957 of 2022 MEERA MAIDEEN @ KOYYA [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, TIRUVARUR DISTRICT.

CRIME NO.46 OF 2022.

For Petitioner : M/S.SWAMI SUBRAMANIAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 341, 294(b), 427, 506(ii) of IPC and Section 3(1) of TNPPDL Act in Crime No.46 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. It is alleged that on 22.02.2022 after witnessing the election results, the defacto complainant who holds a post in a political party along with several other people in different posts belonging to the same political party went to pay their respects to Anna Statue, at that time, the petitioner along with others belonging to another party attacked the defacto complainant and his clan with deadly weapons, damaged the rear windshield of the car and threatened them with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner has submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner and he is ready to abide any conditions.

4. The learned Government Advocate (Crl.Side) opposed to grant anticipatory bail to the petitioner by stating that due to political dispute, there was a clash between the petitioner and the defacto complainant and the petitioner along with others damaged the Innova Car bearing Regn.No.TN-55-CC-999.

5. Considering the rival submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner on condition that he shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand Only) in cash to the credit of Crime No.46 of 2022 before the learned Judicial Magistrate-II, Mannargudi, Thiruvarur District.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Mannargudi, Thiruvarur District on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) in cash to the credit of Crime No.46 of 2022 before the learned Judicial Magistrate-II, Mannargudi, Thiruvarur District.

(c) 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;

(d) the petitioner shall report before the Investigation Officer daily at 10.30 a.m., until further orders;

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) 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; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 03/03/2022 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.II, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.SWAMI SUBRAMANIAN Advocate on payment of necessary charges SR.NO.3356 CRL OP.4957/2022 Date :03/03/2022 JPA 09/03/2022