Salai Perarasan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Salai Perarasan, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Annavasal Police Station, Pudukkottai District.
(Crime No.212/2022).
... Respondent/Complainant For Petitioner : M/s. Venkatesan.P., Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 212 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 153, 508 of IPC and Section 67 of Information Technology Act, 2000, in Cr.No.212 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the advisor of Meivazhi Sabai situated at Annavasal, Illuppur Taluk, Pudukottai District. The above said Meivazhi Sabai have religious practice that the followers organized and pray the god. During the prayer, the persons, who have skilled for playing the instruments like Thunthumi and Yekkalam, would play the instruments. Now, there is no such persons available to play the said instruments. Hence, the President of the above said Sabai arranged some other 10 persons, other than the traditional man for playing the instruments and those persons were playing the instruments. In the meanwhile, the petitioner has spread the message through 1/3
whatsapp that he is criticizing the practice of playing instruments during normal days and also used to abuse them in filthy language. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is ready to file an undertaking affidavit that he will not indulge in any such offence in future.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that 5 witnesses have been examined. But, however, the investigation is not yet completed. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the facts that 5 witnesses have been examined and the petitioner's readiness to file an undertaking affidavit before the concerned Jurisdictional Magistrate, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Illuppur, Pudukkottai District, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall file an undertaking affidavit that they will not indulge in any such offence in future, before the concerned Judicial Magistrate. On filing of such undertaking affidavit, the concerned Judicial Magistrate shall accept the sureties. (c)the petitioner shall report before the respondent police daily at 10.30 am until further orders.
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
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(f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 02/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
dss 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 ILLUPPUR PUDUKKOTTAI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19376 of 2022 Date :02/11/2022 PKP/SSS/SAR-2/14.11.2022/3P/5C 3/3