Ponnusamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6765 of 2022 1.Ponnusamy 2.Rajendran @ Chinnu 3.Periasamy @ Kathupokki 4.Sathis kumar 5.Periasamy .. Petitioners Vs.

State rep. by The Inspector of Police, Velur Police Station Namakkal District.

(Crime No.68 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners/Accused on bail pending on the file of the respondent police in Crime.No.68 of 2022. For Petitioners : Mr.V.Ramamurthy For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners, who were arrested on 07.03.2022 for the offences punishable under Sections 147, 148, 448, 294(b), 506(ii) of IPC and Section 3(1) of Tamil Nadu Prevention of Damages to Public Property Act, 1984, in Crime No.68 of 2022, on the file of the respondent police, seek bail.

2. From the F.I.R., this Court finds that due to political rivalry, during the local body election, quarrel has arisen between the members of the political parties leading to registration of F.I.R. alleging damage to the property worth about Rs.50,000.

3. Considering the nature of the complaint and the injuries sustained by the petitioners group, it appears that free-for-all fight on that day and hence, this Court grants bail to the petitioners herein and they are ordered to be released on bail subject to the following conditions;

(a)Each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramathi Velur, Namakkal.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioners are directed to report before the Investigating Officer as and when required.

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 24/03/2022 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, PARAMATHI VELUR, NAMAKKAL.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL DISTRICT [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, VELUR POLICE STATION, NAMAKKAL DISTRICT.

4 THE OFFICER CHARGE, SUB JAIL, NAMAKKKAL.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.V.RAMAMURTHY Advocate on payment of necessary charges CRL OP.6765/2022 Date :24/03/2022 CSK 25/03/2022