Somasundaram @ Somu v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8038 of 2022 1 SOMASUNDARAM @ SOMU [ PETITIONERS / ACCUSED ] 2 SENTHIL 3 ARUN @ ARUNKUMAR 4 NAVAMANI KARUPPAIYA Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VADUVOOR POLICE STATION, THIRUVARUR-613 007.

CRIME NO.596 OF 2021 For Petitioners : M/S.K.JAYAKANNAN 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 petitioners, who apprehend arrest for the alleged offence under Sections 294(b), 506(ii) IPC read with 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act 2015 subsequently altered into section 506(ii) of IPC in Crime No.596 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. On reading of the FIR indicates that there was a dispute regarding management of the Temple leading to quarrel between two groups and it is also found from the FIR that there was a previous enmity between the two groups regarding engaging of one group for agricultural activities.

3. Considering the nature of the complaint and the stage of the investigation, this Court is inclined to grant anticipatory bail to the petitioners

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 Court I, Mannarkudi on condition that the petitioners shall execute separate bond 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 not tamper with evidence or witness either during investigation or trial;

(c)the petitioners shall report before the Investigating Officer as and when required for interrogation.

(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 has 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/- 06/04/2022 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, MANNARGUDI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VADUVOOR POLICE STATION, THIRUVARUR-613 007.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.JAYAKANNAN Advocate on payment of necessary charges SR.NO.5224 CRL OP.8038/2022 Date :06/04/2022 JPA 12/04/2022