Senthil Kumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11656 of 2022 1 SENTHIL KUMAR [ PETITIONERS / ACCUSED ] 2 KALA 3 SANGEETHA Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DHARMAPURI B1 POLICE STATION, DHARMAPURI TOWN, DHARMAPURI -636 701.

(CRIME NO.189 OF 2022) For Petitioner : M/S.R.KARUNANIDHI Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor 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 Sectiions 427, 506(i) IPC, in Crime No.189 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the there was a civil dispute between the petitioners and the de-facto complainant, due to which the petitioners along with other accused entered into the land of the de-facto complainant and damaged the fencing and also threatened the de-facto complainant. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor would submit there is a civil dispute between the petitioners and the de-facto complainant. 5.Considering the above facts and circumstances, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No1, Dharmapuri, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 18/05/2022 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, DHARMAPURI.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DHARMAPURI B1 POLICE STATION, DHARMAPURI TOWN, DHARMAPURI -636 701.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.R.KARUNANIDHI Advocate on payment of necessary charges SR.NO. 7303 CRL OP.11656/2022 Date :18/05/2022 RW 19/05/2022