Prabakaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9068 of 2022 1 PRABAKARAN [ PETITIONERS / ACCUSED ] 2 MANOJ @ MANOJ KUMAR 3 DINESH BABU Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MELPATTI POLICE STATION, VELLORE DISTRICT.

(CRIME NO.67 OF 2022) For Petitioner : M/S E.KANNADASAN 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 at the hands of the respondent police for the alleged offences under Sections 147, 294 (b), 341, 323 and 506(II) of IPC in Crime No.67 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

The petitioners alleged to have gone to the school premises run by the de facto complainant with petrol can and threatened to burn the school bus and also alleged to have attacked a student of the school. This has happened due to previous enmity between the first petitioner and the school management.

3.

The learned counsel for the petitioners states that the first petitioner is a Panchayat President of the Karkoor village who has demanded arrears of property tax from the school management and a false complaint has been lodged against the petitioners.

4.

Per contra, the learned Government Advocate (Crl. Side) would submit that due to rash driving of the students, the first petitioner has reported the matter to the de facto complainant and in this regard, there was a previous enmity, therefore on 19.03.2022, these petitioners went to the school premises and threatened the de facto complainant. They have carried petrol can with them and threatened to burn the school bus and also injured one of the students of the school.

5.

Considering the fact that, except the allegation and threat to set fire on the school bus and injured to un-named student, there is no serious allegation against these petitioners. Hence, this Court is inclined to grant anticipatory bail to the petitioners. 6.

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, Gudiyatham, on condition that each of the petitioners shall execute separate 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 learned Magistrate, failing which the anticipatory bail shall stand canceled 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 stay at Ranipet and report before Bhel police station daily at 10.30 a.m. for a period of 30 days; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(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 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]; and;

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

-sd/- 21/04/2022 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, GUDIYATHAM.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MELPATTI POLICE STATION, VELLORE DISSTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE BHEL POLICE STATION, RANIPET.

+1CC to M/S E.KANNADASAN Advocate on payment of necessary charges SR.No.5984 CRL OP.9068/2022 Date :21/04/2022 CSK 26/04/2022