Ragu @ Raguvaran @ Ragunathan v. Union Territory Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.11135 of 2022 RAGU @ RAGUVARAN @ RAGUNATHAN [ PETITIONER / ACCUSED ] Vs UNION TERRITORY REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, LAWSPET POLICE STATION, PUDUCHERRY.

CRIME NO.80/2022.

For Petitioner : M/S.K.SUDHAKAR Advocate For Respondent : MR.V.BALAMURUGANE, Additional Public Prosecutor for Puducherry, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under sections 294(b) and 506(ii) of IPC, in Crime No.80 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant, who is working in the MLA office used to upload the photos and videos in the online. Upon seeing one video, the petitioner made a wrong comment in the social media. Thereafter, when the de-facto complainant had questioned the petitioner about the wrong comment made in social media, the petitioner abused and threatened the defacto complainant.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he pleads for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor, Puducherry would submit that the allegation against the petitioner is that on seeing the video uploaded by the de-facto complainant, he made a wrong comment in the social media. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the custodial interrogation of the petitioner is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioner.

6.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 of receipt of a copy of this order, before the Learned Judicial Magistrate No.I, Puducherry, on condition that the petitioner shall execute own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the petitioner shall affix his photograph and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure his/her identity;

(b)the petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the respondent police, as and when required for interrogation; (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 has 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]; and;

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

-sd/- 11/05/2022 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, NO.I, PUDUCHERRY.

2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR PUDUCHERRY.

4 THE INSPECTOR OF POLICE, LAWSPET POLICE STATION, PUDUCHERRY.

+1 CC to M/S.K.SUDHAKAR Advocate on payment of necessary charges SR.NO.6932 CRL OP.11135/2022 Date :11/05/2022 TA-12/05/2022