Maniraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Maniraj 2.Nallusamy 3.Ramesh 4.Rajendran 5.Mani 6.Raja 7.Ramasundaram 8.Vigneshkumar 9.Suresh ... Petitioners/Accused No.1,3 to 10 Vs State Rep.by The Inspector of Police, Kallakudi Police Station, Trichy District.
(Crime No.14/2022).
... Respondent/Complainant For Petitioner : M/s.T.Lenin Kumar Advocate.
For Respondent : Mr.P.Kottai Chamy Government Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.14 of 2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.1, 3 to 10 herein, were arrested on 17.01.2022 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 332, 307, 188 & 269 of IPC r/w Section 3 of Epidemic disease Act 1897 in Crime No.14 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that in the eve of Pongal festival, the villagers have been arranged to conduct Jallikattu on 17.01.2022 and the same was brought to the notice of the respondent police. The respondent police came to the village and warned the villagers not to conduct Jallikattu, since lock down has been imposed by the Government. It appears that there is an arrangement for Jallikattu on the next day also. Hence the complaint. 1/3
3.The learned counsel for the petitioners would submit that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate would submit that against lock down imposed by the Government due to the pandemic, the villagers conducted Jallikattu and that has been objected by the respondent police and in that incident one police personnel has sustained injury.
5.The learned counsel for the petitioner would submit that there is only a minor scuffle between the villagers and the respondent police. In this incident some of the villagers have also sustained injuries.
6.Whatever may be the situation, the injured persons have been discharged from the hospital and the occurrence has been taken place out of the arrangements that has been made by the Villagers against the Government ban. However, considering the duration of custody underwent by the petitioners and eventhough the Accused Nos.4 and 7 are having previous cases which are in minor nature of offences, this Court is inclined to grant bail to the petitioners with stringent conditions. The petitioners have to file an undertaking affidavit that they will not indulge in such an illegal activities in future. If any case is registered after grant of bail by this Court, the relief of bail granted to the petitioners will automatically get cancelled.
7.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Lalgudi, and on further condition that the petitioner shall report before the respondent police once in 15 days at 10.30 a.m. until further orders. sd/- 02/02/2022 / TRUE COPY / 02/02/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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.
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TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3 THE INSPECTOR OF POLICE KALLAKUDI POLICE STATION, TRICHY DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.2056 of 2022 Date :02/02/2022 RS/PN/SAR.4(02.02.2022) 3P-6C 3/3