Kalaiyarasan @ Praveen Kumar v. The Inspector Of Police,

T.V.THAMILSELVI, J.

The petitioners who apprehend arrest for the alleged offence punishable under Sections 143, 188, 353 of IPC in Crime No.24 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners conducted Jallikattu in the village on 18.01.2023 was prohibited after 02.00 P.M. Since some of other bulls are yet to be participated, the organizers negotiated with the revenue officials requesting them to extend some time. At that time, all of a sudden a bull ran over into the crowd and hit the poor victim. Later he was admitted in hospital and died there. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioners are

only organizers and stopped the function by 02.00 P.M., and the have not breached the order of the authorities or caused any assault or criminal force against the public. He further submitted that the committed members gave a sum of Rs.1 lakh to the victim's family from MLA fund. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that organizers were permitted to conduct the Jallikattu on 18.01.2023 from 09.00 A.M., to 02.00 P.M. After 02.00 P.M., Revenue Officials directed the organizers to conclude the function, however the organizers negotiated with the Revenue Officials to extend the time, since some more bulls are yet to be participated. At that time, all of a sudden, a bull run into the public and hit the poor victim. Subsequently, he was admitted in the hospital and died there. He further stated that the alleged occurrence happed after 02.00 P.M. Hence, he vehemently raised objection for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, all the petitioner who are committee member gave a sum of Rs.1.00 Lakh to the victim family from the MLA fund and the state also proposed to give a sum of Rs.1.00 lakh from CM Relief Fund and the stage of investigation, 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 before the Learned Judicial Magistrate-3, Tirupattur, Tirupattur District,on condition that each the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) 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 are directed to report before the respondent police every Tuesday and Saturday at 10.30 a.m., for a period of Six weeks and thereafter as and when required for interrogation.

(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.

7. Since victim is poor young boy, died due to untoward incident, considering his family circumstances, the District Legal Service Authority, Vellore, is directed to disburse a sum of Rs.1.00 lakh to the victim's

parent under available victim compensation scheme after getting amount from District Collectorate as per the manner known to law. 28.02.2023 jai Copy to:

1. Vellore District Collectorate Office , Vellore.

2. State Legal Service Authority, Vellore.

T.V.THAMILSELVI, J.

jai 28.02.2023