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Madras High CourtCRL OP/7642/2020granted

Ayyakutty@Veeraiyan v. The State Rep.

2020-05-18Honourable Ms.Justice V.M.Velumani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.05.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Ayyakutty @ Veeraiyan S/o. Govindaraj, No.3/35, East Street, Keelanatham, Edayarnatham, Sundarakottai, Tiruvarur District.

.. Petitioner/ Sole Accused Vs.

The State rep. by its Inspector of Police, Paravakottai Police Station, Thiruvarur District.

[Crime No. 27 of 2020] .. Respondent/ Respondent Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.

For Petitioner : Mr. J. Jawahar For Respondent : Mr. T. Shunmuga Rajeswaran Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for alleged offence punishable under Sections 294(b) and 506 (i) of I.P.C., in Crime No.27 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is spreading false information and rumours about the administration of Panchayat President, Edaiyur Natham, Mannargudi, who is the wife of de-facto complainant and Panchayat administration. On 18.03.2020, while the Panchayat President along with others, including the de-facto complainant were cleaning and maintaining the Panchayat ground, the petitioner came there and stated that the petitioner will prevent the wife of the de-facto complainant from doing her official work as Panchayat President, abused them in filthy language and threatened to kill the de-facto complainant.

3. Learned counsel appearing for the petitioner contended that there is a dispute and difference of opinion between the petitioner and de-facto 2/5

complainant from the Panchayat election. Due to the same, the de-facto complainant has given a false complaint against the petitioner. The petitioner is innocent and he is falsely implicated in this case. Further, the learned counsel appearing for the petitioner submitted that the petitioner is willing to furnish substantial sureties and prayed for granting anticipatory bail.

4. Learned Government Advocate (Crl. Side) appearing for the respondent submitted that the investigation is pending and prayed for dismissal of the petition.

5. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl. Side) appearing for the respondent and perused the materials available on record.

6. Considering the nature of offence and date of occurrence, this Court is inclined to grant anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within 15 days from the date of receipt of copy of this order before the court of Judicial 3/5

Magistrate No.II, Mannargudi, on the following conditions: (i) the petitioner executes a bond for Rs.10,000/- (Rupees Ten Thousand) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who arrest him or the aforestated Judicial Magistrate and (ii) the petitioner appears before the respondent police as and when required for interrogation.

7. In the result, the Criminal Original Petition is allowed. 18.05.2020 Index : Yes / No gsa/kj To 1.The Inspector of Police, Paravakottai Police Station, Thiruvarur District.

2.The Public Prosecutor, High Court, Madras.

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V.M.VELUMANI, J., gsa 18.05.2020 5/5