Iniyavan v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14707 of 2020 Iniyavan @ K.Murugesan ... Petitioner Vs.

The State rep.by, The Inspector of Police, D-1 Ramanathapuram Police Station, Coimbatore.

Crime No.1602 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Crime No.1602 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.R.Thirumoorthy 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 offences punishable under Sections 294 (b), 353 and 506(ii) of IPC and Section 4 of TNPWH, in Crime No.1602 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant, who is working in Anganvadi Centre, and some Anganvadi Staffs and nurses were engaged in Covid-19 preventive measures in the vicinity of the petitioner's area. During which, the petitioner alleged to have abused and threatened the de-facto complainant and prevented her from discharging the official duty. Hence, this complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the defacto complainant has not properly done her work and when the same was questioned by the petitioner, a false complaint has been filed against the petitioner. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that when the de-facto complainant, some Anganvadi Staff and nurses were engaged in Covid-19 preventive measures,the petitioner abused, threatened and prevented the the de-facto complainant from discharging their official duty. He would further submit that there is no previous case against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier,before the learned Judicial Magistrate No.VI, Coimbatore, on condition that the petitioner 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 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 everyday 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 petitioner in accordance with law as if the conditions have 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].

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

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

-sd/- 21/09/2020 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.VI, COIMBATORE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, D-1,RAMANATHAPURAM POLICE STATION.

COIMBATORE.

CC to M/S.R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.14707/2020 Date :21/09/2020 GKS:28/09/2020