Asheer @ Durai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Asheer @ Durai,

2. Sekar,

3. Shanmugathai,

4. Palpandi,

5. Balaji,

6. Narayana Muthu @ Pulikutty,

7. Muppidathi,

8. Siva, ... Petitioners/Accused rank not known Vs State represented by The Inspector of Police, Sivanthipatti Police Station Tirunelveli District.

Cr.No. 126/2024.

... Respondent/Complainant For Petitioner : M/s. Sundarapandian.S, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5

PRAYER :- For Anticipatory Bail in Crime No. 126 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.126 of 2024, for the offence punishable under Sections 147, 148, 294(b), 332, 353 and 506(ii) IPC and Section 3 of Tamil Nadu Property (Prevention of Damages and Loss) Act 1992, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioners' relative was murdered, for which, the petitioners have pelted stones at the accused persons's house. 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 2/5

Police submits that six previous cases are pending against the first petitioner and one previous case is pending against the petitioners 2 to 8.

5. Considering the facts and circumstances of the case and also considering the antecedent of the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner alone. Insofar as the petitioners 2 to 8 are concerned, this Court is inclined to grant anticipatory bail to them.

6. Accordingly, this Criminal Original Petition is partly allowed and the petitioners 2 to 8 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 8 shall 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 District.

(ii) The petitioners 2 to 8 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;

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(iii) The petitioners 2 to 8 shall appear before the respondent police at 10.00 am for a period of two weeks for interrogation. They have to cooperate for the investigation. (iv) The petitioners 2 to 8 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 8, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 24/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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

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

+1 CC to M/s.S.SUNDARAPANDIAN, Advocate ( SR-4824[I] dated 24/04/2024 )

ORDER

IN CRL OP(MD) No.6160 of 2024 Date :24/04/2024 RK/VR (30/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5