Saravanan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Saravanan 2.Elumalai

...Petitioners/Accused-7 & 9

Vs.

State represented by The Inspector of Police, Karipatti Police Station, Salem.

(Crime No.14 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.14 of 2024 on the file of the respondent police on such terms and conditions.

For Petitioners : Mr.M.Dinesh For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioners seek bail in Crime No.14 of 2024, registered by the respondent for the offences under Sections 147, 148, 336, 353 and 307 of IPC. The petitioners had been remanded to judicial custody on 26.01.2024.

2.It is stated that the petitioners and the other accused are alleged to have conducted Jallikattu event without any proper permission. It is stated that when the police officials gone over to the spot, at that time, the accused persons had threatened them by releasing bulls towards them. It is stated that some of the police officials were sustained injuries. 3.It is also stated that some of the accused had been granted bail and anticipatory bail by this Court.

4.Taking all other factors into consideration and the period of incarceration, I am inclined to grant bail to the petitioners subject to the following conditions:

5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate 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 District Munsif cum Judicial Magistrate, Valappadi, 2/4

and on further conditions that: - [a] 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 everyday at 10.30 a.m., until further orders. [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 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.

16.02.2024 ata C.V.KARTHIKEYAN.

J.

ata To 3/4

1.The District Munsif cum Judicial Magistrate, Valappadi. 2.Central Prison, Salem.

3.The Inspector of Police, Karipatti Police Station, Salem.

4.The Public Prosecutor, High Court of Madras.

16.02.2024 4/4