Premkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9728 of 2022 1.Prem @ Premkumar 2.Rahul 3.Ashwin @ Asvinkumar 4.Rajalingam 5.Ilamparithi @ Elamparuthi 6.Seran 7.Murugan ... Petitioners/Accused No.1 to 7 Vs State represented by The Inspector of Police, Lalgudi Police Station, Trichy District.

(In Crime No.170/2022) ... Respondent/Complainant For Petitioners : M/s.Anandakumar N, Advocate. For Respondent : M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.170/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 7 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.170 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, the first petitioner stabbed the de-facto complainant's left shoulder with knife and the second petitioner attacked him with wooden log and the other petitioners attacked him with hands. Hence, the present case has been registered against the petitioners.

3.The learned counsel for the petitioners submits that the petitioners are no way connected with the alleged occurrence and they are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (criminal side) appearing for the respondent submits that A7's father was murdered in the year 2020, with that motive, all the accused attacked the de-facto complainant with deadly weapons. He further submits that A1 to A3 and A7 are having one previous cases, A4 and A6 are having no previous case. He further submits that the injured person has been discharged from the hospital.

5.Considering the nature of allegation levelled against the petitioners and considering the fact that the injured person was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Lalgudi, (i) 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;

(ii) on further condition that the petitioners shall stay at Madurai and not enter in Lalgudi, Trichy District;

(iii) the petitioners shall report before the Inspector of Police, Thallakulam Police Station, Madurai, daily at 10.30 am., until further orders.

(iv) the petitioners shall not tamper the witnesses and to co-operate with the enquiry.

(v) the petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7.The petitioners 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 learned Magistrate is at liberty to cancel the anticipatory bail and to proceed in accordance with law. Sd/- 01/06/2022 / 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 INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI.

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

+1. CC to M/S.ANANDAKUMAR N Advocate SR.No.5133

ORDER

IN CRL OP(MD) No.9728 of 2022 Date :01/06/2022 SP/JM/SAR II/06/06/2022/3P/7C