Chandrasekar @ Akker v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Chandrasekar @ Akker, ... Petitioner/Accused No.1 Vs The Inspector of Police, Thiruverumbur Police Station, Trichy District.
(Crime No.140/2024).
... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.140/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/5
for the alleged offence punishable under Sections 294(b), 342, 324 and 506(ii) of IPC in Crime No.140 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to the election motive, the accused persons attempted to damage the temple properties during the temple festival. When the same was questioned by the defacto complainant, the petitioner attacked the defacto complaint with knife and abused him in filthy language. 3.The learned counsel appearing for the petitioner submits that the petitioner has not indulged in any offence as alleged by the prosecution and he has been falsely implicated in this case.
4.The learned Government Advocate (Crl. side) has strongly objected for grant of anticipatory bail on the ground that due to election motive, the above said occurrence had taken place. He fairly conceded that the injured person has been discharged from the hospital and no previous case is pending against the petitioner. 5.Considering the facts and circumstances of the case, the injured has been discharged from the hospital and also considering the antecedent of the petitioner, 2/5
this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of 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 No-6, Trichy District, on condition that the petitioner 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 Magistrate concerned and on further conditions that:
i. 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;
ii. The petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. He has to co-operate for the investigation. iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/5
The petitioner shall be available for the trial as well. iv. 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/- 23/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE NO.6 TRICHY DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-4729[I] dated 23/04/2024 ) 4/5
ORDER
IN CRL OP(MD) No.6026 of 2024 Date :23/04/2024 SS/VR/SAR- /03/05/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5