Ramalingam v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12994 of 2020 Ramalingam ... Petitioner Vs.

The State Rep. by The Inspector of Police, Nannilam Police Station, Thiruvarur District.

(Crime No.1634 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail, in the event of his arrest in Crime No.1634 of 2020, pending investigation on the file of the respondent police.

For Petitioner : M/s.Greetha Senthilkumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 352, 448, 427 & 506(ii) of IPC, in Crime No.1634 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that there was a wordy quarrel between the petitioner and the defacto complainant. At that time, the petitioner and two others trespassed the defacto complainant and damaged his compound wall worth about Rs.2,000/- and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that there was a wordy quarrel between the petitioner and the defacto complainant. Due to which, the petitioner and two others trespassed into the house, assaulted and damaged his compound wall worth about Rs.2,000/- and also threatened him with dire consequences. He would further submit that the victim has been taken treatment as out-patient and there is no previous case pending against the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the injured has been taken treatment as out-patient, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned District Munsif cum Judicial Magistrate, Nannilam, 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 every day at 10.30 a.m., until further orders. [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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

8. With the above directions, this Criminal Original Petition is ordered.

-sd/- 25/08/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM, THIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, NANNILAM POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S.GREETHA SENTHILKUMAR Advocate on payment of necessary charges CRL OP.12994/2020 Date :25/08/2020 cs 09/09/2020