S.Sivaraman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date: 06.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM 1.S.Sivaraman 2.K.S.Thangapandi ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.
... Respondent/Complainant For Petitioners : Mr.N.Ganesh,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.103 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 427, 500 and 506(i) of IPC in Crime No.103 of 2023, seek anticipatory bail.
2.The case of the prosecution is that the accused persons have removed the posters of a political party and videographed the same and uploaded the said video in the social media and threatened with dire consequences. Hence, the case. 3.The learned Counsel for the petitioners would submit that the petitioners are innocence and a false complaint has been given. He would also submit that the petitioners have not committed any offence, as alleged by the prosecution. Hence, he would pray for grant of anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor would submit that the accused persons have removed the posters of a political party and videographed the same and uploaded the said video in the social media and threatened with dire consequences.
He would strongly oppose to grant anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions: 6.
the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Thirupathur, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 appear before the Trial Court on issuance of summons. [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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 06/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CMR TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPATHUR DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
THE INSPECTOR OF POLICE THIRUKOSTIYUR POLICE STATION, SIVAGANGAI DISTRICT.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17834 of 2023 Date :06/10/2023 PKP/VRS/SAR- /10.10.2023/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5