Palanivelu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Palanivelu

2. Duraimanickam

3. Krishnakumar ... Petitioners/Accused No.1 to 3 Vs The Inspector of Police, Orthanadau Police Station, Thanjavur District.

(Crime No. 188/2024.) ... Respondent/Complainant For Petitioners :

M.Karunanithi, Advocate.

For Respondent :

Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 188 of 2024 on the file of the respondent Police.

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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), 353 352, 506(i) and 171(H) of IPC in Crime No.188 of 2024, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have not co-operated with the Election Flying Squad officials for the vehicle inspection. 3.The learned counsel appearing for the petitioners submits that the petitioners are the agricultural coolies. Due to political animosity at the instance of the opposite political party, the present case has been registered as against the petitioners.

4.The learned Additional Public Prosecutor submits that the petitioners have not co-operated with the Election Flying Squad officials for the vehicle inspection. He further submits that there is no previous case is pending as against the petitioners.

5.Considering the nature of allegations and the fact that no previous case is pending as against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 2/5

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 District Munsif cum Judicial Magistrate Court, Orathanadu 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 District Munsif cum Judicial Magistrate Court, Orathanadu 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 Government in proof of their residence address; ii. The petitioners shall report before the respondent police as and when required by the respondent police. They have to cooperate for the investigation. iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

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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/- 16/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The District Munsif cum Judicial Magistrate, Orathanadu.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Orthanadu Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5730 of 2024 Date :16/04/2024 4/5

ED/ VR /SAR- (23/04/2024) 5P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5