Madras High CourtCRL OP/19073/2020granted

Sivaramakrishnan v. The Inspector Of Police

2020-12-07Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.19073 of 2020

1. Sivaramakrishnan

2. Selvam

3. Tamilmani

4. Karnan ... Petitioners Vs.

The State Represented by, The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No.2021 of 2020) ... Respondent Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of his arrest in Connection with the Crime No.2021 of 2020 pending on the file of the respondent police.

For Petitioners : Mr.S.P.Meenakshi Sundaram For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 342, 447, 448 and 506(ii) of IPC and Section 3(1) of Prevention of Damage of Public Property Act 1984, which has been altered to 147, 148, 342, 447, 448, 506(ii) and 427 of IPC, in Crime No.2021 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant one Kavitha, is that there was a property dispute between the defacto complainant and the petitioners. On 03.09.2020, the petitioners along with nine other accused persons have threatened the defacto complainant and their family members by showing a knife. The petitioners also damaged the defacto complainant's house and two shops, which amounts to Rs.1,00,000/-. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners along with nine other accused persons have threatened the defacto complainant and their family members by showing a knife point. The petitioners also damaged the defacto complainant's house and two shops, which amounts to Rs.1,00,000/-. He would further submit that based on the information given by one Kavitha, the respondent police also registered a case in crime No.2021 of 2020 U/s 147, 148, 342, 447, 448 and 506(ii) of IPC and Section 3(1) of Prevention of Damage of Public Property Act 1984, which has been altered to 147, 148, 342, 447, 448, 506(ii) and 427 of IPC. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

6. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) each to the credit of crime No.2021 of 2020 within a period of fifteen days from the date on which the copy of the order is made ready. On such deposit, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, before the learned Judicial Magistrate, Palladam, Tiruppur District, on condition that the petitioners 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 Judicial 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 deposit a sum of Rs.10,000/- each to the credit of Crime No.2021 of 2020 before the learned Magistrate. [c] the petitioners shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter on every monday at 10:30 a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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]. [g] 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/- 07/12/2020 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, PALLADAM, TIRUPPUR DISTRICT.

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

4 THE INSPECTOR OF POLICE PALLADAM POLICE STATION, TIRUPPUR DISTRICT.

+1 CC to M/S.S.P.MEENAKSHI SUNDARAM Advocate on payment of necessary charges SR.No.7963 CRL OP.19073/2020 Date :07/12/2020 cs 17/12/2020