Ilayaraja v. State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eleventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8315 of 2022 ILAYARAJA [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, TALUK POLICE STATION, VELLORE DISTRICT CRIME NO.80/2022 For Petitioner : M/S. T.SHANMUGAM 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 petitioner, who apprehend arrest for the alleged offence under Sections 147, 341, 294(b), 506(2) of IPC and Section 3 of TN Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.80 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The petitioner along with four others have wrongly restrained the vehicle bearing registration No.PY 01 A 7313 and broken the wind screen, due to previous enmity. The occurrence has taken place on 18.03.2022 at 11.00 p.m, though no one were injured. The accused person was threatened the occupants in the car that they should not come in that area, taking advantage of the post as Vice Chairman, Kaniyambadi Union.
3. Taking note of the fact that the property worth about Rs.2,50,000/- has been damaged by the petitioner and others, this Court is inclined to grant anticipatory bail to the petitioner with a condition that he should deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) in this Criminal Original Petition (Crime No. 80 of 2022) without prejudice to his right and contention.
4. Accordingly, the petitioner is ordered to be released o.n bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Vellore, on condition that the petitioner 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 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 petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of Crime Number 80 of 2022 before the Judicial Magistrate No.I, Vellore.
On such deposit being made, the learned Magistrate, shall obtain an affidavit of undertaking that the sum of Rs.10,000/- was deposited by the petitioner to the credit of Crime Number 80 of 2022.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall report before the Investigating Officer daily at 10.30.a.m., until further orders.
(e)the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner 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/- 11/04/2022 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, VELLORE.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, TALUK POLICE STATION, VELLORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. T.SHANMUGAM Advocate on payment of necessary charges SR.NO. 5528 CRL OP.8315/2022 Date :11/04/2022 RW 19/04/2022