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IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE, VILLUPURAM

Present: Tmt.V.Thenmozhe, B.Sc., M.L.,


Principal Sessions Judge(FAC), Villupuram.

Friday the 29th day of July 2022

CMP.No. 5610/2022
(Cr.No.307/2022, Vikravandi P.S., Judicial Magistrate, Vikravandi)
1.Sangetha W/o Pandiyarajan
2.Kalaiyarasan S/o Ganesan
3.Dhanalakshmi W/o Kalaiyarasan ...Petitioner/Accused.
/VS/
State by Inspector of Police,
Vikravandi P.S. .....Respondent/Complainant.

Petition filed u/s. 438 Cr.P.C. dated 27.07.2022 to release the accused on anticipatory bail in
the event of arrest.

This petition is coming on this day before me for hearing in the presence of
Thiru.A.K.Nagarajan Advocate for the Petitioners and Thiru.T.S.Subramanian, Public Prosecutor
for the state, and upon perusing both side contentions, this court delivered the following:
ORDER
Heard. Records perused. The petition is for anticipatory bail. The learned counsel for the
Petitioners would submit that they have been falsely implicated in a case, which was registered
under sections 294(b), 323, 324 and 506(ii) of I.P.C. The learned counsel would further submit that
the petitioners are no way connected with the case and a false case has been registered against them
and the earlier application filed by the petitioners were dismissed on 14.07.2022 and 22.07.2022
and the co-accused was already released on bail by the trial court. The learned counsel for the
petitioners would conclude his arguments with the contention that in case of grant of anticipatory
bail, the petitioners are ready to abide by any conditions to be imposed by this court.
The learned Public Prosecutor would submit that the earlier application filed by the
petitioners were dismissed on 14.07.2022 and 22.07.2022 and A.1 was released on bail by the trial
court.
Perusal of records reveals that the petitioners were implicated in Cr.No.307/2022 of the
respondent police registered under sections 294(b), 323, 324 and 506(ii) of I.P.C. It is alleged in
the FIR that the petitioners have caused physical injury to the complainant. But as per the
representation of the learned Public Prosecutor earlier application filed by the petitioners were
dismissed on 14.07.2022 and 22.07.2022 and the A1 was already released on bail by the trial court
as per order in CMP 158/2022, dated 26.07.2022. Considering the nature of allegations levelled
against the petitioners and the also considering the above change of circumstances, this court is of
the view that the petitioners can be granted anticipatory bail.
In the result, the petitioners are ordered to be released on bail in the event of their arrest by the
respondent police or in the event of their surrender before the Judicial Magistrate, Vikkravandi on
or before 08.08.2022 on their executing a bond for a sum of Rs.10,000/- each with two sureties for a
like sum each to the satisfaction of Judicial Magistrate, Vikkravandi and on condition that the
petitioners shall appear and sign before the respondent police daily at 10.00 A.M., until
further orders (including holidays) from the next day of execution of bond before the trial Court
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 Aadhar card or Bank Pass Book to
ensure their identity;
(b) the petitioners shall not commit any offences of similar nature;
(c) the petitioners shall not abscond either during investigation or trial.
(d) the petitioners shall not tamper with evidence or witness 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/herself 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 abscond, a fresh FIR can be registered under section 229-A IPC.
Accordingly, this petition is allowed.

Pronounced by me in open court this the 29th day of July 2022.

Sd/-V.Thenmozhe,
Principal Sessions Judge(FAC),
Villupuram.

To
The Judicial Magistrate, Vikravandi.

Copy to
1. The Petitioner's Advocate.
2. The Public Prosecutor, Villupuram.
3.The Sub-Inspector of Police, Vikravandi P.S.

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