S.S.S.Mani Subramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI S.S.S.Mani @ Subramanian ... Petitioner/ Sole Accused

Versus

State Rep. by The Inspector of Police, Pettai Police Station, Tirunelveli City, Tirunelveli District.

... Respondent/Complainant For Petitioner: Mr.G.ARAVINTHAN Advocate.

For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.38 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.38 of 2024, for the offence punishable under Sections 153, 153A, 504 and 505(2) IPC, has filed this petition seeking anticipatory 1/4

bail.

2. The case of the prosecution is that on 01.10.2023 at about 6.00 p.m., in a public meeting, the petitioner, who is the founder and President of Hindu Desiya Katchi, has uttered derogatory words against the Hon'ble Sports Minister of Tamil Nadu and thereby, created tension among the public. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he is in no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the petitioner is having three previous cases.

5. Considering the facts and circumstances of the case and also considering the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner executes 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 No.V, Tirunelveli. 2/4

(ii) The petitioner 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;

(iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 12/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVLEI DISTRICT.

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3 THE INSPECTOR OF POLICE, PETTAI POLICE STATION, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-4403[I] dated 15/04/2024 ) ORDER IN CRL OP(MD) No.5550 of 2024 Date :12/04/2024 SA/JGB/SAR. /17.04.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4