Tamilarasan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixth day of May Two Thousand Twenty One PRESENT The Hon`ble Ms Justice R.N. MANJULA CRIMINAL ORIGINAL PETITION No.8603 of 2021 1 TAMILARASAN [PETITIONERS / ACCUSED ] 2 TAMILSELVAN Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT (IN CRIME NO.151 OF 2021) For Petitioner : M/S. V.MURUGESAN 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 :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 447, 294(b),353 of I.P.C. and Section 3(1)of TNPPDL Act,seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused persons plucked the trees with the help of JCB, which is situated at Government Poromboke land and abused the defacto complainant in filthy language. Hence the case came to be registered against the petitioners.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submits that the petitioners along with other accused persons plucked the trees with the help of JCB, which is situated at Government Poromboke land and further abused the de-facto complainant. He further submits that substantial portion of investigation is completed. However, he opposed for grant of anticipatory bail to the petitioners.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, each of the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) each to the credit of Crime No.151 of 2021, within a period of three weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the Judicial Magistrate, Thirukalukundram on condition that each of the petitioners 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 petitioners 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 final order in respect of the above deposit of Rs.10,000/- shall be passed by the learned trial Judge at conclusion of trial.
[c] the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 06/05/2021 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, THIRUKALUKUNDRAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 INSPECTOR OF POLICE, MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. V.MURUGESAN Advocate on payment of necessary charges SR.6018 CRL OP.8603/2021 Date :06/05/2021 RVR 17/05/2021