Parthiban v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13100 of 2020

1. Parthiban

2. Ramesh

3. Marudhupandian @ Marudhu ... Petitioners Vs.

State Rep. By its The Inspector of Police, Manalmedu Police Station, Nagapattinam District.

(Crime No.902 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.902 of 2020 on the file of the respondent police.

For Petitioners : Mr.U.Kathiravan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 452, 294(b), 352, 364, 506(ii) of I.P.C. r/w 4(1) of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.902 of 2020, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons trespassed into the house of the defacto complainant with deadly weapons, intimidated and kidnapped her son Ramkumar on 26.06.2020 and the complaint was given to the respondent on the next day. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would also submit that one Ramesh/A5 has given a complaint against one Manikkam and the son of the defacto complainant RamKumar, based on which a case in Crime.No.749 of 2020 was registered by the

respondent and later the accused were arrested. In order to prevent the respondent from arresting them, the defacto complainant on the ill advice of one Surrender who is an advocate and also a murder case accused has given a false complaint. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that as per the complaint, the petitioners along with other accused persons trespassed into the house of the defacto complainant with deadly weapons, intimidated the inmates and kidnapped her son Ramkumar on 26.06.2020. He would also submit that Ramkumar is an accused in Crime No.749 of 2020 and later he was arrested and released.

5. Considering the above facts and circumstances of the case, 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 No.I, Mayiladuthurai, on condition that the petitioners shall execute a separate 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 petitioner shall report before the respondent police daily at 10.30 a.m.,for a period of two weeks and thereafter, every Monday at 10.30 a.m., until further orders. [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 petitioner 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.

-sd/- 27/08/2020 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 JUDICIAL MAGISTRATE NO.I, MAYILADUTHURAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, MANALMEDU POLICE STATION, NAGAPATTINAM DISTRICT.

CC to M/S.U.KATHIRAVAN Advocate on payment of necessary charges CRL OP.13100/2020 Date :27/08/2020 MK:14/09/2020