Madras High CourtCRL OP(MD)/5884/2024ordered

Christopher v. The Inspector Of Police

2024-04-17Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD).Nos.5884 & 5887 of 2024 CHRISTOPHER ... Petitioner/Accused No.1 in CRL OP(MD).5884/2024 REV.K.JOHN JAYA PRAKASH ... Petitioner/Accused No.2 in CRL OP(MD).5887/2024 VS THE INSPECTOR OF POLICE, M.REDDIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.33 OF 2024) ... Respondent/Complainant in Both CRL OP's For Petitioner :

Mr.M.Vinod Kanna, Advocate (In CRL OP(MD).5884/2024) For Petitioner :

Mr.G.R.Satish, Advocate (In CRL OP(MD).5884/2024) For Respondent :

Mr.M.Sakthi Kumar (In Both CRL OP's) Government Advocate (Crl. Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.33 of 2024 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in 1/4

connection with a case in Crime No.33 of 2024, for the offence punishable under Sections 294(b), 323, 506(i) and 109 of IPC, have filed this petition seeking anticipatory bail.

2.The case of the prosecution is that the petitioners are A-1 and A-2. A-2, who is the Pastor of CSI Church had removed the de-facto complainant's mother from the membership of the Church. When the same was questioned by the de-facto complainant, the petitioners are said to have assaulted the de-facto complainant using a stick and abused him in filthy language. Hence, the case. 3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the investigation is in the preliminary stage. However, he submits that there is no previous case pending against the petitioners. 5.Considering the facts and circumstances of the case and also considering the antecedents of the Petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance 2/4

within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aruppukottai.

(ii) 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;

(iii) The petitioner/A-1 shall appear before the respondent police daily at 10.30 a.m for a period of two weeks for interrogation. They have to co-operate for the investigation.

(iv) The petitioners shall not misuse the liberty granted to them 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 petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 17/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, M.REDDIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.M.VINOD KANNA, Advocate ( SR-4546[I] dated 17/04/2024 ) +1 CC to M/s.G.R.SATISH, Advocate ( SR-4547[I] dated 17/04/2024 ) ORDER IN CRL OP(MD).Nos.5884 & 5887 of 2024 Date :17/04/2024 RS/JGB/SAR-(26.04.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4