Vicky @ Vignesh @ Vickneswaran v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20708 of 2021 1 VICKY @ VIGNESH @ VICKNESWARAN [ PETITIONERS / ACCUSED ] 2 SINGARAVELAN 3 RAVI @ RAVIKUMAR 4 SURESH 5 JEEVA 6 VELU 7 SETTU 8 PRABHU 9 KUPPAN @ KUPPUSAMY Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, OLAKKUR POLICE STATION, VILLUPURAM DISTRICT.
CR.NO.471/2021.
For Petitioner : M/S. N.SARAVANAN 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 petitioners who apprehend arrest for the alleged offence under Sections 147, 148, 294(b), 341, 353, 109 of IPC and Section 3(1), 5 of TN Public Property (PRVNT. OF DAMAGE & LOSS)Act, 1992 in Cr.No.471 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to election dispute, the petitioners along with other accused persons performed Road roko and disturbed the day to day life of the public and also damaged the windshield of the Government Bus. Hence, 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 they have been falsely implicated in this case. He further submitted that the accused A4 has already paid the damage amount of Rs.23,000/- and the co-accused has already been enlarged on bail in Crl.O.P.No.20587 of 2021 dated 29.10.2021. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl side) submits that the petitioners performed road roko and disturbed the day to day life of the public and they also have damaged the Government bus. Hence, he opposed to grant anticipatory bail to the petitioners.
5. Considering the fact that the co-accused has already been enlarged on bail and the entire damage amount has been paid by the other accused person, 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.I. Tindivanam, 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/- 01/11/2021 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.I, TINDIVANAM 2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, OLAKKUR POLICE STATION, VILLUPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. N.SARAVANAN Advocate on payment of necessary charges SR.No.12311 CRL OP.20708/2021 Date :01/11/2021 APN 12/11/2021