Manimaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1296 of 2022

1. Manimaran

2. Vignesh ... Petitioners/Accused No.1 & 2 Vs State rep.by The Inspector of Police, Thuvakkudi Police Station, Trichy District.

(Crime No.17 of 2022).

... Respondent/Complainant For Petitioners: M/s.B.Deepak, Advocate.

For Respondent : M/s.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.17 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324, 506(ii) IPC, in Crime No.17 of 2022, seek anticipatory bail.

2.The case against the petitioners is that there is a dispute between the petitioners and the defacto complainant regarding winning over the jallikattu bull of the defacto complainant. The first petitioner attacked the defacto complainant with stick and scolded him in filthy language. The case in Crime No.17 of 2022 was registered against the petitioners under Sections 294(b), 324, 506 (ii) IPC. The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners it is stated that the petitioners won over the jallikattu bull of the defacto complainant on 17.01.2022 during Pongal festival. The son of the defacto complainant and relatives attacked the petitioners and they lodged a complaint against the defacto complainant and others in Crime No.16 of 2022 under Sections 147, 294(b), 324, 506(ii)IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. Only as a counter blast, this case was registered by the defacto complainant and pray the petitioners to be released on anticipatory bail. 4.On the side of prosecution it is stated that there is a counter case pending against the defacto complainant and others. It is fairly admitted that the injured was discharged from the hospital.

5.In view of the submissions made by both parties, considering the nature of offence and the injured was discharged from the hospital, 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 their appearance, before the learned Judicial Magistrate, No.6, Trichy and on their executing 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 learned Magistrate concerned and the petitioners shall appear before the concerned Court daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 25/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.6, TRICHY.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, THUVAKKUDI POLICE STATION, TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1296 of 2022 Date :25/01/2022 SP/VR/SAR I/01/02/2022/3P/5C