R.Vijayasubramaniam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.25764 of 2021 R.Vijayasubramaniam ... Petitioner

Versus

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

(Crime No.1992 of 2021) ... 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 arrest in Crime No.1992 of 2021 on the file of the respondent police.

For Petitioner :

Mr.P.M.Duraiswamy For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 353 & 506(i) of IPC in Crime No.1992 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 19.12.2021 one Palani lodged a complaint before the respondent police alleging that on 18.12.2021 when he was driving TNSTC town bus near Nallurpalayam Village, Palladam Taluk, Tiruppur District, the bus was intercepted by the villagers for rash and negligent driving which has resulted in falling down of the petitioner / two wheeler of the village in a ditch and the villagers gathered overthere shouted at him. It is alleged that one of the person in the crowd alleged to have beaten up the defacto complainant using hands and the respondent police came to the scene, advised the defacto complainant to drive carefully and dispersed the crowds. 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 victim discharged. 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 directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Palladam, Tiruppur District, 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.

(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/- 03/01/2022 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 INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPPUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.M.DURAISWAMY Advocate on payment of necessary charges CRL OP.25764/2021 Date :03/01/2022 RVR 06/01/2022