Sasikumar 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 CRL OP(MD).Nos.5919 & 5921 of 2024 Sasikumar ... Petitioner/Accused No.2

Versus

The Inspector of Police, Periyakulam Police Station, (In Crime No.76 of 2024) ... Respondent/ Complainant For Petitioner :

Mr.S.Balaji, Advocate For Respondent :

Mr.M.Sakthi Kumar Government Advocate (Crl. side) CRL OP(MD).No.5921 of 2024 G.Sundar @ Sundaraj ... Petitioners/Accused No.4

Versus

The Inspector of Police, Periyakulam Police Station, (In Crime No.76 of 2024) ... Respondent/ Complainant 1/5

For Petitioner :

Mr.R.Shankar Ganesh, Advocate For Respondent :

Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. COMMON PRAYER :- For Anticipatory Bail in Crime No76 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 connection with a case in Crime No.76 f 2024, for the offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that during the temple festival, the petitioners and other accused have attacked the de-facto complainant and abused the de-facto complainant in filthy language. Hence, the case.

3. The learned counsel appearing for the petitioners submits that it is a case and counter case and 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 2/5

Police submits that no one got injured.

5. Considering the nature of allegation and also considering the fact that no one is injured, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petitions are 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, Periyakulam, Theni District, 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, Periyakulam, (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 at 10.00 am for a period of two weeks. They have to co-operate for the investigation.

(iv) The petitioners shall not misuse the liberty granted to them 3/5

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.

JBR To 1.The Judicial Magistrate, Periyakulam, Theni District.

2.Do through the Chief Judicial Magistrate, 3.The Inspector of Police, Periyakulam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.BALAJI, Advocate ( SR-4544[I] dated 17/04/2024 ) 4/5

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-4569[I] dated 17/04/2024 )

ORDER

IN CRL OP(MD) No.5919 of 2024 Date :17/04/2024 ED/ JGB /SAR- (24/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5