Madras High CourtCRL OP/15164/2021granted

Vilwanathan v. State Rep By

2021-08-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15164 of 2021 VILWANATHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KAVARAPETTAI POLICE STATION, THIRUVALLUR DISTRICT.

(CRIME NO.370/2021) For Petitioner : M/S R.SASIKUMAR Advocate For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence punishable under Section 294(b), 427, 341 and 506(i) of IPC and Section 3(1) of TNPPDL Act in Crime No.370 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with some others tried to remove the flag poles of the all political parties and damaged the stage, the same was questioned by the defacto complainant. In this connection, the petitioners and others threatened the defacto complainant with dire consequences. Thereby, the defacto complainant had sustained injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioners has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the the village panchayath has decided to remove all the flag poles of all political parties from the said village jurisdiction to avoid quarrel and riots in the village. Based on the same, all the flag poles were removed by the panchayat persons. In this regard, A1/ village president was arrested and the petitioner being the friend of A1 has been arrayed as A2 in this case. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits there was a dispute between the petitioner and the defacto complainant regarding removal of flag poles of political parties and damaged the stage, the present complaint has been filed. However, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of case and the submissions made by both counsel, 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 District Munsif-Cum-Judicial Magistrate, Gummudipoondi 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.

(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/- 25/08/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, GUMMIDIPOONDI.

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

4 THE INSPECTOR OF POLICE, KAVARAPETTAI POLICE STATION, THIRUVALLUR DISTRICT.

+1 CC to M/S R.SASIKUMAR Advocate on payment of necessary charges SR.NO.9110 CRL OP.15164/2021 Date :25/08/2021 TA-08/09/2021