Shankar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17002 of 2021 1 SHANKAR [ PETITIONERS / ACCUSED ] 2 ELANGO @ ELANGOVAN 3 PRABHAKAR @ PRABHAKARAN 4 SHANMUGAM 5 ELANGO 6 ILAYARAJA 7 GOPI 8 ANAND @ ANANDHAN Vs THE STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, THIRUPALAIVANAM POLICE STATION, THIRUVALLUR DISTRICT CRIME NO.41 OF 2020 For Petitioners : M/S.R.SASIKUMAR Advocate For Respondent : MR.A.GOPINATH, 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 at the hands of the respondent police for the alleged offence under Section 294(b), 143 &506(ii) IPC r/w Section 511 of IPC, in Crime No.41 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are performing kattapanchayats and thereby threatening the local village people and collecting money for shipping. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners are constructing temple in the village, for which they demanded donations from the people.
4.The learned Government Advocate (Crl.Side) submits that the petitioners are local village persons and thereby threatening the people and collecting money for shipping. He alo submitted tat the case was registered in the year 2020, hence he opposed for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, this Court inclined to grant anticipatory bail to the petitioners. 7.Accordingly, the petitioners is 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 Judicial Magistrate No.II, Ponneri on condition that the petitioners 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 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/- 16/09/2021 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, NO.II, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION].
3 THE SUB INSPECTOR OF POLICE, THIRUPALAIVANAM POLICE STATION, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.NO.10165 CRL OP.17002/2021 Date :16/09/2021 JPA 04/10/2021