K.Pandiammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/03/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.4208 of 2021
1. K.Pandiammal
2. Panchavarnam @ Manju ... Petitioners/Accused No.8&10 Vs The State Rep. by The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District Crime No.126/2017. ... Respondent/Complainant For Petitioners : Mr.Saravanakumar.S, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no. 126 of 2017 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/A8 and A10, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,148,448 of IPC and Section 3 of TNPPDL Act seek anticipatory bail.
2. The case of the prosecution is that the petitioners herein along with other accused said to have protested against the Tasmac shop situated near the residential area.. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them.
4. The learned Government Advocate(Crl.Side) would submit that investigation is pending and in the alleged protest no one sustained injuries.
5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that in the alleged protest no one sustained injuries, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or 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.II, Srivilliputhur 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 to 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 Magistrate 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 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/- 22/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE No.II, SRIVILLIPUTHUR.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE INSPECTOR OF POLICE, VANNIYAMPATTI VILAKKU POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to Mr.S.SARAVANAKUMAR, Advocate (SR-2437[I] dated 23/03/2021)
ORDER
IN CRL OP(MD) No.4208 of 2021 Date :22/03/2021 AAV TE/SMA : 25/03/2021 : 3P/6C