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Madras High CourtCRL OP/16369/2021granted

K.Ramanathan v. State Rep By

2021-09-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16369 of 2021 1 K.RAMANATHAN [ PETITIONERS / ACCUSED ] 2 JAYALAKSHMI Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, AVALURPET POLICE STATION, VILLUPURAM DISTRICT.

(CRIME NO.408 OF 2021) For Petitioner : M/S J.ASHOK Advocate For Respondent : MR.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 petitioners, who apprehend arrest for the alleged offence punishable under Sections 447, 294(b), 353 and 506(i) IPC in Crime No.408 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that totally there are three accused involved in this case and the petitioners are A1 and A3. The defacto complainant who is working as V.A.O at Koottappoondi Village, Melmalaiyanur Taluk and the defacto complainant went to measure boundaries in the Poromboke land and at that time, the petitioners along with accused abused and deters him from discharging his official duty and also they threatened him with dire consequences. Hence, the complaint.

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

4. The learned Government Advocate (Crl.Side) submits that the petitioner's first bail petition was dismissed by the Sessions Court, Villupuram in Crl.MP.No.5796 of 2021 dated 07.08.2021.

5.Considering the facts and circumstances of the case and also considering the submissions made by both counsel, this court is inclined to grant anticipatory bail to the petitioners. 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 of receipt of a copy of this order, before the learned Judicial Magistrate Gingee on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, 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 petitioners 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 petitioners 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 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 20/09/2021 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, GINGEE, VILLUPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, AVALURPET POLICE STATION, VILLUPURAM DISTRICT .

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S J.ASHOK Advocate on payment of necessary charges SR.NO.10301 CRL OP.16369/2021 Date :20/09/2021 CSK 01/10/2021