Ramachandiran v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifth day of May Two Thousand Twenty One PRESENT The Hon`ble Ms Justice R.N. MANJULA CRIMINAL ORIGINAL PETITION No.8424 of 2021 RAMACHANDIRAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, EDAIYUR POLICE STATION, TIRUVARUR DISTRICT.

CRIME NO. 1095/2020 For Petitioner : M/S. S.ARIVAZHAGAN Advocate For Respondent : MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- This is the second anticipatory bail petition. Since, the petitioner has not complied with the conditions imposed by this Court in Crl.O.P.No.14960 of 2020 dated 24.09.2020 due to lapse of time, he has come forward with the present petition.

2. The petitioner(A-1), who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 447, 427, 294(b) and 506(ii) of IPC in Crime No.1095 of 2020, seeks anticipatory bail.

3. The case of the prosecution is that due to land dispute, the petitioner along with other accused assaulted the de facto complainant and caused damages to the cultivating crops of the de facto complainant worth about Rs.1,00,000/- and also threatened him with dire consequences. Hence, the complaint.

4. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Criminal Side) would submit that the petitioner attacked the de facto complainant and hence, he opposed for granting anticipatory bail to the petitioner.

6. Considering the above facts and circumstances of the case and the fact that the petitioner has not complied the conditions imposed by this Court in the earlier anticipatory bail petition due to lapse of time, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 05/05/2021 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, THIRUTHURAIPOONDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, EDAIYUR POLICE STATION, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.ARIVAZHAGAN Advocate on payment of necessary charges Sr.5903 CRL OP.8424/2021 Date :05/05/2021 RVR 12/05/2021