Arun@ Arunkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9678 of 2022 1.Arun @ Arunkumar 2.Sarath @ Thoplan @ Sarathkumar 3.Vallarasu 4.Bala @ Balamurugan 5.Walter Yesuraj ... Petitioners/Accused 1 to 4 and 6 Vs State represented by The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.187/2022).

... Respondent/Complainant For Petitioners : M/s.Lenin Kumar T, Advocate. For Respondent : M.Muthumanikkam, Government Advocate (Crl.Side) For Intervenor : Mr.Sethumahendran, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.187/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 4 and 6 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 448, 294(b), 323, 324 and 506 (ii) of IPC in Crime No.187 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 21.05.2022 at about 5.00 pm, due to previous enmity, the petitioners and the others assaulted the de-facto complainant and others and caused serious injuries. Hence, the present case has been registered. 3.The learned counsel for the petitioners submits that there was a wordy quarrel between the parties and on the very next day, a false case was foisted against the petitioners. He further submits that the injured was already discharged from the hospital and prayed the petitioners to be released on anticipatory bail. 4.On the side of the intervenor, it is stated that the de-facto complainant and others have got serious injuries and one of the injured persons is still taking treatment as inpatient and another victim lost two of his teeth. Even a seven months old baby was kicked by the petitioners and others. He further submits that A5 has already filed an anticipatory bail application and the same was rejected by this Court and directed the respondent police to arrest all the accused.

5.The learned Government Advocate (criminal side) appearing for the respondent submits that there are six named accused in this case and all the accused assaulted the de-facto complainant and others and caused serious injuries. He further submits that the injured was already discharged from the hospital and A1 is having two previous cases and prayed the petition to be dismissed. 6.At this juncture, the learned counsel appearing for the petitioners seeks permission of this Court to not press this petition as against the first petitioner/A1 is concerned and he has also made an endorsement to that effect. In view of the same, this petition is dismissed as not pressed as against the first petitioner/A1 is concerned.

7.Considering the nature of the allegation levelled against the petitioners 2 to 5 and considering the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 2 to 5 with certain conditions.

8.Accordingly, the petitioners 2 to 5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Lalgudi, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 to 5 shall appear before the respondent police daily at 10.30 am., for a period of one month and thereafter, as and when required for interrogation. The petitioners 2 to 5 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

9.The petitioners 2 to 5 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

Sd/- 02/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI/LM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, LALGUDI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.LENIN KUMAR T Advocate SR.No.5174

ORDER

IN CRL OP(MD) No.9678 of 2022 Date :02/06/2022 SP/JM/SAR II/06/06/2022/3P/6C