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Madras High CourtCRL OP/15169/2022granted

P.Ramar v. The State Rep By Its

2022-07-01Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the First day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15169 of 2022 1 P.RAMAR [ PETITIONERS / ACCUSED ] 2 SURIYA @ SOORYA 3 MANIVEL 4 MAHENDRAN 5 MANIKANDAN 6 JAGANATHAN 7 BALAMURUGAN 8 KALIYAPPAN 9 GURUNATHAN 10 PASUPATHI 11 SUBRAMANI @ SUBRAMANIAN 12 UMESH 13 BASKAR @ BASKARAN 14 CHELLAMUTHU @ SELLAMUTHU 15 RAMESH @ RAMESHKUMAR 16 RAJKUMAR 17 ASAITHAMBI 18 KUMAR 19 PALANIMUTHU @ PALANISAMY 20 ARUN @ ARUNKUMAR 21 NAGARAJAN 22 CHINNADURAI 23 VELMURUGAN 24 SENTHILKUMAR 25 RATHINAM @ RAHINAM PALANIYAN 26 VEERAMANI Vs THE STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, PADALUR POLICE STATION, PERAMBALUR.

(CRIME NO.129 OF 2022) For Petitioner : M/S PRABAKARAN SENIOR COUNSEL FOR M/S.M.A.GOUTHAMAN Advocate For Respondent : MR.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 Sections 147, 148, 294(b), 336 and 307 of IPC, in Crime No.129 of 2022 seeks anticipatory bail.

2. The case of the prosecution is that, the petitioners belong to a political party. It is alleged that the petitioners herein carrying deadly weapons and travelled in a chariot to the temple and it is also alleged that the petitioners had thrown stones into the house of the defacto complainant and others and also abused in filthy language. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that there are no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact 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-II, Perambalur on condition that the petitioners shall execute 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four 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/- 01/07/2022 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.II, PERAMBALUR 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, PADALUR POLICE STATION, PERAMBALUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.A.GOUTHAMAN Advocate on payment of necessary charges Sr.10483 CRL OP.15169/2022 Date :01/07/2022 RVR 06/07/2022