Poolpandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Poolpandi,
2. Muppidathi,
3. Kombaiah,
4. Thamban,
5. Lakshmanadurai,
6. Suriya, ... Petitioners/Accused Nos. 1 to 6 Vs The State represented by The Inspector of Police, Murappanadu Police Station, Thoothukudi District.
in Crime No.116/2024.
... Respondent/Complainant For Petitioner : Mr.K.Suyambulingabharathi,Advocate .
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.116/2024 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.116 of 2024, for the offence punishable under Sections 147, 148, 294(b), 323 and 506(ii) IPC and Sections 3 &4 of Tamil Nadu Property (Prevention of Damage and Loss ) Act, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the accused have intercepted the defacto complainant and caused damages to his vehicle, abused him using filthy language and threatened him with dire consequences. 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. 2/5
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that seven previous cases are pending against the first accused and the accused Nos.2 to 6 are having one previous case against them.
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 petitioner Nos. 2 to 6 alone. Insofar as the first petitioner is concerned, this Court is not inclined to grant any relief.
6. Accordingly, this Criminal Original Petition is partly allowed and the petitioners 2 to 6 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 on condition that (i) the petitioners 2 to 6 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.I, Srivaikundam. (ii) The petitioners 2 to 6 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 3/5
address;
(iii) The petitioners 2 to 6 shall appear before the respondent police daily at 10.00 am for a period of fifteen days for interrogation. They have to co-operate for the investigation.
(iv) The petitioners 2 to 6 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 2 to 6, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO THE JUDICIAL MAGISTRATE NO.I SRIVIAIKUNDAM.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
4/5
THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUYAMBULINGA BHARATHI, Advocate ( SR-4818[I] dated 24/04/2024 )
ORDER
IN CRL OP(MD) No.6128 of 2024 Date :22/04/2024 PKP/GS/SAR /29.04.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5