Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.5816 of 2021

1. Saravanan,

2. Pakkirisamy,

3. Eswaran,

4. Subramani,

5. Sankar Ganesh ... Petitioners/Accused 1 to 5 Vs The State by The Inspector of Police, Idayakottai Police Station, Dindigul District.

Cr.No. 37 of 2021.

... Respondent/Complainant For Petitioner : M/s.Venkatesh D, Advocate.

For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.37 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused Nos.1 to 5, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 147 and 506(ii) of IPC, in Crime No.37 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that when the election officials tried to shift the election voting machines after sealing for safeguard proceedings, the petitioner said to have prevented the election officials from taking the election voting machines. Hence, the present complaint.

3.The learned counsel appearing for the petitioners submitted that due to political motive, the petitioners have been falsely implicated in this case. He further submitted that a case in counter has been registered in Crime No.36 of 2021 against the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that no one sustained injury in the alleged occurrence and that there is no previous case against the petitioners.

5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that no one sustained injury in the alleged occurrence, 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 on their appearance before the Judicial Magistrate, Oddanchatram, within a period of fifteen days from the date of receipt of a copy of this order, on their executing 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 said Magistrate 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 daily at 10.30 a.m until further orders;

[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]. [f]If the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23.04.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, Oddanchatram

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Inspector of Police, Idayakottai Police Station, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.D.VENKATESH, Advocate ( SR-3380[I] dated 26/04/2021 )

ORDER

IN CRL OP(MD) No.5816 of 2021 Date : 23/04/2021 VB VR SAR I(03/05/2021) 3P / 6C