Madras High Court
Balachandran @ Sureka Balachandar vs The State Through The Inspector Of ... on 5 January, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
Crl.O.P.(MD).Nos.23341 to 23345 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.(MD).Nos.23341 to 23345 of 2022
Crl.O.P.(MD).No.23341 of 2022:
1.Balachandran @ Sureka Balachandar
2.Sakthivel @ Kappithul Sakthivel
3.Krishnan
4.Rajendran
5.VPN Jegathes
6.Subramanian @ Subramani
7.Nirmalkumar
8.Logesh
9.Gunganraj @ Sudhan ... Petitioners
Vs.
The State through the Inspector of Police,
Thanthonimalai Police Station,
Karur.
Crime No.483 of 2022. ... Respondent
PRAYER: This Criminal Original Petition filed under Section 438 of Cr.P.C., to
enlarge the petitioner on bail in the event of their arrest pending investigation in
Crime.No.483 of 2022 on the file of the respondent police.
1/9
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).Nos.23341 to 23345 of 2022
For Petitioner : Mr.C.Ayyapparaj
for Mr.J.Senthil Kumaraiah
For Respondent : Mr.S.Santhosh
Government Advocate (Criminal Side)
COMMON ORDER
The Criminal Original Petitions are filed for enlarging the petitioner on bail in the event of their arrest pending investigation in Crime.No.483 of 2022 on the file of the respondent police.
2. The learned counsel for the petitioner submitted that the petitioners are the accused in Crime No.483 of 2022 for the offences under Sections 143, 294(b), 341, 353, 506 (ii) of IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.
3. The case of the prosecution is that on 19.12.2022, when the District Council Vice President Election was conducted at District Collector Office, Karur, the defacto complainant and his assistant S.Nirmal Ganesh were on duty 2/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).Nos.23341 to 23345 of 2022 to oversee the election. At about 2.30 pm, AIADMK's District Secretary and former Tamil Nadu Minister Mr.Vijayabaskar and about 200 persons, in which 58 of them are named and others not named, formed an unlawful assembly and made slogans against the DMK party and tried to forcefully enter into the polling area. When the Police officials manning the bandobust duty told them to allow only persons, who are authorised to enter, they used filthy language against the DMK party and others. They have blocked the Karur-Dindugal main road and prevented the free flow of the traffic. When the police tried to arrest them, they started hitting against the barricade and threatened them that they would take action against them, if they come to power and made a death threat.
4. On the basis of these aforesaid allegations, the First Information Report was registered.
5. The learned counsel for the petitioner further submitted that one Thiruvika, member of AIADMK party filed W.P.(MD).No.26246 of 2022, seeking direction to the respondent police to forthwith issue notification for the 3/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).Nos.23341 to 23345 of 2022 conduct of the Karur District Panchayat Vice Chairman Election and conduct the election under supervision of retired Hon'ble High court Judge or by any other retired District Court Judge with adequate police protection and further direction to the respondents to videograph the entire election process so as to ensure free and fair election without any irregularities.
6. However, instead of providing police protection, at the instigation of ruling party, they restrained the members of AIADMK political party to cast their vote in the election. Therefore, there were some fight between the members of both the political parties. Thereafter, this case is foisted against the AIADMK party. He further submitted that there was no assault made and no damages whatsoever, alleged to have been caused to any public or private property. Thus, he prayed for Anticipatory Bail to the petitioners.
7. In response, learned Government Advocate (Criminal Side) opposed these petitions, strongly on the ground that the petitioners who belonged to AIADMK party indulged in an illegal activity by forming unlawful assembly and 4/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).Nos.23341 to 23345 of 2022 they forcefully tried to enter into the polling area and abused DMK party. Thereafter, they threatened to manhandle the police officers and damaged the barricades and also made death threat. The case is registered for the offence under Sections 143, 294(b), 341, 353, 506 (ii) of IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. The offence under Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 is a punishable offense with 5 years of imprisonment. Therefore, he prayed for dismissal of the petitions.
8. Considered the rival submissions of the parties and perused the records filed in support of the petitions.
9. From the narration of the facts stated above, it is clear that during election for District Council Vice President, the members of the two rival political parties namely DMK and AIADMK fought with each other, making allegations against each others. It is not in dispute that the petitioners are all belong to AIADMK political party and they have permanent residence in Tamil Nadu. Though the FIR is registered under Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, there is no indication in the First 5/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).Nos.23341 to 23345 of 2022 Information Report as to the value of the properties damaged.
10. This Court, on considering the nature of the case and facts and circumstances of the case, is of the view that the arrest of the petitioners is absolutely not necessary. There is no possibility of them from absconding from Justice and interfering with the investigation process. Taking note of all the facts and circumstances, this Court is of the considered view that petitioners may be released on Anticipatory Bail with appropriate conditions. The learned counsel for the petitioners submitted that 6th petitioner in Crl.O.P.(MD).23343 of 2022 namely Prabhu and 2nd petitioner in Crl.O.P.(MD).No.23344 of 2022 namely P.Karthik were arrested pending these petitions. Therefore, case against them alone dismissed.
11. 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, Karur, on condition that the each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police 6/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).Nos.23341 to 23345 of 2022 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 report before the respondent police every day at 10.30 am for a period of two weeks and thereafter as and when required.
[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].
7/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).Nos.23341 to 23345 of 2022 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
05.01.2023 Internet : Yes / No Index : Yes / No Speaking/Non speaking order gd To
1.The Judicial Magistrate No.I, Karur.
2.The the Inspector of Police, Thanthonimalai Police Station, Karur.
3.The Public Prosecutor, Madras High Court.
8/9 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).Nos.23341 to 23345 of 2022 G.CHANDRASEKHARAN,J.
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