Elanchelian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Elanchelian, S/o Sathiyamoorthi, Middle Street, Unjiyanviduthi, Karambakudi Taluk, Pudukkottai District.
2.Soundarrajan, S/o Sekar, Middle Street, Unjiyanviduthi, Karambakudi Taluk, Pudukkottai District.
3.Shanmugam, S/o Sarathkumar, Middle Street, Unjiyanviduthi, Karambakudi Taluk, Pudukkottai District.
4.Ranjith, S/o Rajendran, Middle Street, Unjiyanviduthi, Karambakudi Taluk, Pudukkottai District.
... Petitioners/Accused Nos.1 to 4 Vs 1/5
The Inspector of Police, Thiruvonam Police Station, Thanjavur District.
Crime No. 86 of 2024.
... Respondent/Complainant For Petitioners : Mr. D.Rameshkumar, Advocate.
For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 86 of 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 294b, 324 and 506(ii) of IPC in Crime No.86 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant has taken a photograph of a field, which is under adjudication and when the same was questioned by the petitioner, there was a wordy quarrel between them. 2/5
3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and in order to strengthen the civil suit, the defacto complainant has preferred a false complaint.
4.The learned Additional Public Prosecutor admits that there is civil dispute between the petitioners and the defacto complainant. The defacto complainant suffered a simple injury.
5.Considering the facts and circumstances of this case, 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, Orathanadu, Thanjavur 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, Orathanadu, Thanjavur and on further conditions that: 3/5
i. The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
ii. The petitioners shall appear before the respondent police as and when required by the respondent police. They have to co-operate for the investigation.
iii. 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. iv. 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 (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN TO 1.THE JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR 4/5
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
3. THE INSPECTOR OF POLICE, THIRUVONAM POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5183 of 2024 Date :03/04/2024 RK/JGB (08/04/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5