Neelamegam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1 NEELAMEGAM 2 CHANDRAPANDI @ SOUNDHARAPANDI 3 SUBBAIYA ... PETITIONER/ACCUSED NO.2 TO 4 Vs THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.56/2024).

... RESPONDENT/COMPLAINANT For Petitioners :

M/S.J.ARUNPRASATH, Advocate For Respondent :

MR.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.56/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 of IPC and Section 4 of TNPWH Act in Crime No.56 of 2024, dated 21.03.2024, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with the first accused 1/4

have trespassed into the defacto complainant's house and attacked the defacto complainant.

3.The learned counsel appearing for the petitioners submits that it is a case and counter case and due to previous enmity, a false case has been registered as against the petitioners.

4.The learned Additional Public Prosecutor admits that it is a case and counter case. The injured has taken treatment as an outpatient. 5.Considering the nature of offence and the submission of the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this criminal original petition is allowed and 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 of receipt of a copy of this order, before the Judicial Magistrate Court, Thirumangalam on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thirumangalam and on further conditions that: i. The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the 2/4

Government in proof of their residence address; ii. The petitioners shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

iii. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 03/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.S.SIVAPRAKASH, Advocate ( SR-4169[I] dated 04/04/2024 ) 3/4

ORDER

IN Date :03/04/2024 RS/VR/SAR-(08.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4