Manikandan Shankar v. The State,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22655 of 2021 Manikandan Shankar ... Petitioner

Versus

State represented by ... Respondent The Inspector of Police, Rasipuram Police Station, Namakkal.

(Crime No.1148 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest by the respondent in respect of Crime No.1148 of 2021 on the file of the respondent police.

For Petitioner : Mr.A.P.Balaji 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 147, 148, 448, 294(b), 324, 506(2) of IPC and Section 3(I) of the Prevention of Damage to Public Property Act, 1984 in Crime No.1148 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 07.11.2021 out of money dispute, the A1 to A8 alleged to have trespassed into the house of the defacto complainant in the night and caused injury to the defacto complainant and damage to the house on abusement and criminal intimidation. 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 the co-accused 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, Rasipuram, 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 as and when required for interrogation; (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, RASIPURAM, NAMAKKAL.

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

4 THE INSPECTOR OF POLICE, RASIPURAM POLICE STATION, NAMAKKAL.

+2 CC to M/S.A.P.BALAJI Advocate on payment of necessary charges SR.NO.13632 CRL OP.22655/2021 Date :29/11/2021 TA-01/12/2021