Mani @ Manivannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.07.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Mani @ Manivannan 2.Sathiyamoorthy ... Petitioners/Accused No.1&2 Vs State represented by The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.648 of 2022) ... Respondent/Complainant For Petitioners : Mr.S.Veerapandi Selvaraj, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.648 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A.1 & A.2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 452, 294(b), 352, 353, 427 and 506(1) IPC, in Crime No.648 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners came to the Thirumandakudi Tasmac Shop, in which the defacto complainant is working as a sales-man and asked for cooling beer bottles and that when the defacto complainant has not provided the same, the petitioners abused him in filthy language and also caused damage worth about Rs.2,000/-. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that no one was injured in the incident. He would further submit that the petitioners are not having any previous cases.

1/3

5.Considering the nature of the charges levelled against the petitioners and also the facts that no one was injured in the incident, that except the offences under Sections 452, 353 and 506

(1) IPC, all other offences are bailable in nature and that the petitioners are not having any previous cases for similar offence or serious offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned District Munsif cum Judicial Magistrate, Papanasam.

7.On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Papanasam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioners shall not tamper with the 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]. 2/3

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

sd/- 22/07/2022 / TRUE COPY / /07/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPANASAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.

4 THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, STATE OF TAMILNADU, SECRETARIAT, CHENNAI-9.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate (SR-7517[I] dated 22/07/2022)

ORDER

IN CRL OP(MD) No.13223 of 2022 Date :22/07/2022 RS/VR/SAR.1 (27.07.2022) 3P-7C 3/3