Vijayan 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.6355 of 2022 1 VIJAYAN [ PETITIONERS / ACCUSED ] 2 SIVA 3 PONNURANGAM 4 KARUNA 5 SEKAR 6 DEVI 7 VIJAYA 8 BABA 9 RAJESHWARI 10 JONCY @ SUGANYA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, R.K.PET POLICE STATION, THIRUVALLUR DISTRICT.

CRIME NO.50 OF 2022.

For Petitioner : M/S.G.P.SIVAKUMAR 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 offences punishable under Sections 147, 148, 294(b), 324, 427 & 506 (ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.50 of 2022, on the file of the respondent police, seek anticipatory bail.

2. These petitioners along with A1 & A2 had attacked the defacto complainant and damaged his property when he questioned A1 for uploading edited videos containing photographs of the defacto complainant's daughter and tarnished her reputation.

3. From the First Information Report this Court finds that these petitioners in support of A1 & A2 had attacked the defacto complainant, damaged his house hold articles worth Rs.60,000/- and also threatened them with dire consequences. As far as the 1st petitioner is concerned he has removed his pant zip and shown his private parts and raised abusive comments.

4. Considering the allegations against the 1st petitioner, this Court dismisses the anticipatory bail petition of the Vijayan/1st petitioner and this Court is inclined to grant anticipatory bail to the other petitioners with certain conditions. 5.Accordingly, the petitioners 2 to 10 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 District Munsif - cum - Judicial Magistrate Court, Pallpattu on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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) 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 shall deposit a sum of Rs.1,00,000/- [Rupees one lakh only] to the credit of crime No.50 of 2022 before the learned Magistrate within a period of seven days from the date on which the order copy made ready;

(c) 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; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall report before the Investigating Officer as and when required;

(f)the petitioners 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 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;

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

6. As far as the first petitioner is concerned, this petition is dismissed.

-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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PALLPATTU, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, R.K.PET POLICE STATION, THIRUVALLUR DISTRICT.

+1 CC to M/S.G.P.SIVAKUMAR Advocate on payment of necessary charges SR.NO.4234 CRL OP.6355/2022 Date :21/03/2022 TA-24/03/2022