A.Divagar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22714 of 2021 A.Divagar ... Petitioner
Versus
State represented by The Inspector of Police, Peralam Police Station, Thiruvarur District.
(Crime No.64 of 2019) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of apprehending arrest in the Crime No.64 of 2019 on Peralam Police Station, Thiruvarur District.
For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side) *********
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 341, 323, 506(ii) of IPC in Crime No.64 of 2019, seeks anticipatory bail.
2. The case of the prosecution is that on 25.01.2019 the temple festival celebrated in the Mariyamman Koil Temple at the petitioner village in the course the festival rally conducted by the temple management at the time the defacto complainant went to temple for lifting the statue, the petitioner and other accused were intercept and stop the defacto complainant in order to life the statue. At the time the petitioner and other accused were attacked the defacto complainant by the hands and threatening the dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that A1, A2 already released on bail and investigation almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Nannilam, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) 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 petitioner shall report before the respondent police on every Wednesday at 10.30 a.m., until further orders;
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 29/11/2021 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, NANNILAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, PERALAM POLICE STATION, THIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.NO.13680 CRL OP.22714/2021 Date :29/11/2021 JPA 01/12/2021