Sakthivel v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9521 of 2022 1 SAKTHIVEL [ PETITIONERS / ACCUSED ] 2 DANI @ RAMKUMAR 3 MESHAK @ CHINNAYYAN 4 VIJAY 5 PADMANABAN 6 MANIKANDAN 7 AKASH 8 MANJUTH @ MANJITHKUMAR Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, TIRUVALLUR DISTRICT CRIME NO.134 OF 2022.

For Petitioners : M/S.M.PRABHAKAR 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, 148, 294(b) and 506(II) of IPC and 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002, 3(1) of Prevention of Damage to Public Property Act, 1984 in Crime No.134 of 2022, on the file of the respondent police, seek anticipatory bail.

2.

The petitioners herein at about 10.00 p.m. on 14.04.2022 had gathered before the de facto complainant house and called the husband of the de facto complainant with very ferocious mood. Since they were carrying deadly weapon, fearing threat to their life they locked the

door and remained inside the house. The petitioners alleged to have thrown stones and broken the glass pans and property of the house and hence the case has been registered against them on 15.04.2022 for the alleged offences under Sections 147, 148, 294(b) and 506(II) of IPC and 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002, 3

(1) of Prevention of Damage to Public Property Act, 1984. The petitioners herein are A-2 to A-7, A-9 and A-10. 3.

The learned Government Advocate (Crl. Side) states that the first accused was arrested and remanded to judicial custody. 4.

Considering the allegation against the petitioners and the video graphs which depicts the damage caused to the property of the de facto complainant, this Court is inclined to grant anticipatory bail to the petitioners.

5.

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, Poonamallee, on condition that each of the petitioners shall deposit Rs.5,000/- (Rupees Five Thousand only) in the Crime No. 134 of 2022 and execute separate 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 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 report before the Investigating Officer daily at 10.30 a.m. for a period of 30 days and thereafter as and when required for interrogation;

(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/- 26/04/2022 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, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, TIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.PRABHAKAR Advocate on payment of necessary charges SR.NO.6242 CRL OP.9521/2022 Date :26/04/2022 JPA 28/04/2022