Dhanasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Dhanasekar 2.Sasikumar 3.Palani @ Palanivelu 4.Raghul @ Rajeswaran 5.Sakthivel ... Petitioners/Accused No.1 to 5 Vs The State rep.by, The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

In Crime No.752 of 2021. ... Respondent/Complainant For Petitioners : Mr.M.Karunanithi Advocate.

For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.752 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A5 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 427, 448 and 506(ii) IPC in Crime No.752 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to political enmity between the petitioners and the de-facto complainant, the petitioners are said to have criminally intimidated the de-facto complainant and also threatened him by showing lethal weapon. Hence, the complaint.

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3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. However, he would further submit that the petitioners, without prejudice to their rights, are ready to deposit the amount that may be imposed by this Court. 4.The learned Additional Public Prosecutor appearing for the respondent police strongly opposed this petition on the ground that one previous case is pending against the petitioners. He would fairly concede that no one has sustained injury in the alleged occurrence.

5.Considering the facts that there existed political enmity between the parties, that no one has sustained injury in this case and also the fact that except the offence under Section 506(ii) IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners shall pay a sum of Rs.1,000/- (Rupees Thousand only) jointly to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (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, Thiruvidaimaruthur, Thanjavur District. 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District, on condition that the petitioners shall execute a bond for a sum of Rs.

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned 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;

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(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/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/11/2021 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, SECRETARIAT BRANCH, CHENNAI-9.

ORDER

IN CRL OP(MD) No.17581 of 2021 Date :12/11/2021 SJI MK/PN/SAR.III/19.11.2021/3P/6C 3/3