V.U.Maruthachalam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6286 of 2022 1 V.U.MARUTHACHALAM [ PETITIONERS / ACCUSED ] 2 GANESHAN .K 3 CHANDRA KUMAR . R @ CHANDRAN 4 KARUNAKARAN ARUSAMY 5 V.M.KARTHIKEYAN 6 TAMILARASI MARUTHACHALAM 7 UMA MAHESHWARI 8 PARVATHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PODHANUR POLICE STATION, COIMBATORE CITY.

CRIME NO.129 OF 2022 For Petitioner : M/S. D.SELVAM 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 alleged offences under Sections 143, 353, 186 of IPC and 136 of the Representation of People Act 1951 in Crime No.129 of 2022, on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that there was dispute in between the defacto complainant and the petitioners with regard to the local body election, wherein the petitioners are elected members. Hence, the complaint.

3.

Taking note of the fact that election has not yet conducted and it has been postponed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 4.

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 VII, Coimbatore, on condition that each of the petitioners 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, failing which the anticipatory bail shall stand canceled and on further condition that: (a) 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;

(b) the petitioners shall report before the Investigation Officer as and when required for interrogation;

(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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 21/03/2022 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.VII, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PODHANUR POLICE STATION, COIMBATORE CITY.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. D.SELVAM Advocate on payment of necessary charges CRL OP.6286/2022 Date :21/03/2022 RW 25/03/2022