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Madras High CourtCRL OP/11586/2021granted

D.Neelagandan v. State Rep.By

2021-07-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11586 of 2021 D.Neelagandan ... Petitioner/Single Accused Vs.

State Represented by The Inspector of Police, Tindivanam Police Station, Vilupuram District.

(Cr.No.364 of 2021) ... Respondent/Complainant PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail in the event of her arrest in Crime No.364 of 2021 on the file of the respondent police. For Petitioner : Mr.A.Tamilvanan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

(The Case has been heard through Video Conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324, 384 and 506 (2) of I.P.C, in Crime No.364 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner waylaid the defacto complainant and demanded rowdy mamool. When the same was refused by the defacto complainant, he threatened and assaulted him. Due to which, the defacto complainant sustained simple injuries. Hence, the law enforcing agency registered a complaint against the petitioner.

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

4.The learned Government Advocate (Crl. Side) would submit that the petitioner waylaid the defacto complainant and threatened him and demanded rowdy mamool. He further submits that the injured discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and the injured also discharged from hospital, 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-I, Tindivanam, 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 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 Court concerned 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 as and when required for interrogation.

(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 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]; and;

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

-sd/- 07/07/2021 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, NO.I, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TINDIVANAM POLICE STATION, VILLUPURAM DISTRICT.

+1 CC to M/S.A.TAMILVANAN Advocate on payment of necessary charges SR.No.7261 CRL OP.11586/2021 Date :07/07/2021 cs 16/07/2021