Alagusundram v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM CRL OP(MD). No.17749 of 2023

¶1Alagusundram,

¶2Murugan,

¶3K.Agniraja, ... Petitioners/Accused Nos:9,13,16. Vs The State rep. by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District. Crime No.628/2021. ... Respondent/Complainant

For Petitioners : M/s.Senthilkumar.R,

Advocate.

For Respondent : Mr.R.M.S.Sethuraman,

Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the Petitioners on Anticipatory Bail in the event of their arrest in PRC No.25/2022, on the file of the Judicial Magistrate Court I, Sivagangai. ORDER : The Court made the following order :- The petitioners/A9,13 and 16, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 109, 147, 148,149, 294(b), 307,332 and 506(ii) of IPC and Section 3 of TNPPDL Act in Crime No.628 of 2021(PRC No.25 of 2022) on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused at that time of going to Maruthur pandiyar Guru Poojai in a vehicle they damaged the mirror of the bus and caused criminal intimidation to the general public. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. Therefore, he prayed for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that petitioners along with other accused at that time of going to Maruthur pandiyar Guru Poojai in a vehicle they damaged the mirror of the bus and caused criminal intimidation to the general public., hence he objected to grant anticipatory bail to the petitioners. However he fairly concedes that investigation has been completed and final report has been filed before the learned Judicial Magistrate No.I, Sivagangai and the same was taken on file in P.R.C. No.25 of 2022.

5.Considering the facts and circumstances of the case and also the fact that the investigation has been completed and final report has been filed before the learned Judicial Magistrate No.I Sivagangai and the same was taken on file in P.R.C. No.25 of 2022 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, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Sivagangai 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 05/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO

¶1The Judicial Magistrate No.I, Sivagangai

¶2Do through the Chief Judicial Magistrate, Sivagangai District.

¶3The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-14671[I] dated 05/10/2023 ) ORDER IN CRL OP(MD) No.17749 of 2023 Date :05/10/2023 SSA/DD/10.10.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023