Manikavel@Manickavel v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18930 of 2021 1.MANIKAVEL @ MANICKAVEL [PETITIONERS] 2.SURESH Vs STATE REPRESENTED BY [RESPONDENT] THE INSPECTOR OF POLICE, ANAMALAI POLIC STATION, COIMBATORE DISTRICT.
(CRIME NO.559 OF 2021) For Petitioner :M/S.D.R.ARUN KUMAR 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 under Sections 143, 269, 270 of IPC and Sections 4A (1a) and 4B of the TN Open Places (Prevention of Disfigurement) Act, 1959 altered to Sections 143, 269, 270, 353 of IPC and Sections 4A (1a) and 4B of the TN Open Places (Prevention of Disfigurement) Act, 1959 in Cr.No.559 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners were the members of a political party and planted a flag post in public place without any prior permission. Hence, the Village Administrative Officer of the area lodged a complaint against the petitioners. Thereby, the law enforcing agency registered a case against the petitioners.
3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl side) submits that the petitioners have prevented the VAO from removing the flag post and
threatened him and there is no previous case pending against the petitioners. However, he vehemently opposed for granting anticipatory bail to the petitioners.
5. Considering the fact that there is no previous case pending against the petitioners, 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 No.2, Pollachi, on condition that the petitioners shall execute a bond 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/- 07/10/2021 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.2, POLLACHI.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ANAMALAI POLICE STATION, COIMBATORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.D.R.ARUN KUMAR Advocate on payment of necessary charges SR.NO.11177 CRL OP.18930/2021 Date :07/10/2021 CSK 26/10/2021