Jothi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Jothi,

2. Velmurugan,

3. Selvam @ Selvakumar,

4. Kodimuthu @ Petchimuthu Kumar, ... Petitioners/A-1& 5 to 7 Vs State represented by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District (Crime No. 192/2024) ... Respondent/Complainant For Petitioner : MR.Raamakrishnan.KA, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. 1/5

PRAYER :- For Anticipatory Bail in Crime No.192 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.192 of 2024, for the offence punishable under Sections 147, 148 294(b), 323, 324, 506(ii) and 109 of IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to previous enmity with regard to a civil dispute, the petitioners have abused the de-facto complainant in filthy language and also assaulted him with iron rod and caused injury. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that due to election dispute between the petitioners and the de-facto complainant, the petitioners have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent 2/5

Police submits that the injured has been discharged from the hospital and there is no previous case pending against the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, 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 within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Tirunelveli, 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 No.III, Tirunelveli. (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 petitioners shall appear before the respondent police daily at 10.30 am for a period of two weeks for interrogation. They have to co3/5

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 (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO

1. THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT

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

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+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-4594[I] dated 18/04/2024 )

ORDER

IN CRL OP(MD) No.5932 of 2024 Date :17/04/2024 RK/JGB(29/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5