Ramalingam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5803 of 2022 1 RAMALINGAM [ PETITIONERS / ACCUSED ] 2 CHANDRU Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PARAVAKOTTAI POLICE STATION, THIRUVARUR DISTRICT.

CRIME NO.42 OF 2022.

For Petitioner : M/S.SWAMI SUBRAMANIAN 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 at the hands of the respondent police for the offence punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.42 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 04.02.2022 at about 09.45 a.m., the petitioners along with other accused entered into the shop of the defacto complainant and took him to the coconut grove and abused him with filthy language, attacked him with wooden log and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners has submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He

further submitted that the defacto complainant is running a Travel Agency in which the first accused paid a sum of Rs.10,00,000/- for College seat and Student Visa in FIJI Island and he has not properly paid the amount to the college and hence, the College authorities had cancelled the admission to the first accused and when the same was questioned by the first and second accused persons, the defacto complainant had chosen to lodge the present complaint with false allegations. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) has opposed to grant anticipatory bail to the petitioners by stating that due to previous enmity, the petitioners along with two others entered into the shop of the defacto complainant and took him to the coconut grove and abused him with filthy language and attacked him with wooden log and threatened him with dire consequences.

5. Considering the facts and circumstances of the case and also considering the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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 petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) if the petitioners 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 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;

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

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

-sd/- 14/03/2022 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 DISTRICT.[FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PARAVAKOTTAI POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.SWAMI SUBRAMANIAN Advocate on payment of necessary charges SR.NO. 3848 CRL OP.5803/2022 Date :14/03/2022 RW 18/03/2022