Guruvendran Alias Killi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY 1.Guruvendran @ Killi 2.Kumar ... Petitioners/Accused No.1 and 2 Vs The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

(In Crime No.57 of 2024) ... Respondent/Complainant For Petitioners : Mr.R.Alagumani, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.57 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for 1/5

the offences punishable under Sections 294(b), 324 and 506(ii) IPC in Crime No.57 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners abused the defacto complainant in filthy language and also attacked him. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the first petitioner is having seven previous cases and the second petitioner is having fourteen previous cases. He would further submit that earlier the petitioners filed a petition for anticipatory bail and considering the previous antecedents of the petitioners, this Court dismissed the same. Therefore, he would pray to dismiss the present petition. 5.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 2/5

6.Accordingly, the petitioners are ordered to be released on bail in the event of 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, Rajapalayam on condition that the petitioners shall execute 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 conditions that: [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the first petitioner shall report before the respondent police daily at 10.30 a.m., until further orders and the second petitioner shall stay at Thanjavur and report before the Inspector of Police, Thanjavur Town Police Station, Thanjavur daily at 10.30 am., until further orders.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

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[d]the petitioners shall not abscond either during investigation or trial. [e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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

GNS TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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3 THE INSPECTOR OF POLICE SEITHUR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE INSPECTOR OF POLICE, THANJAVUR TOWN POLICE STATION, THANJAVUR.

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-5777[I] dated 24/05/2024 )

ORDER

IN CRL OP(MD) No.7689 of 2024 Date :24/05/2024 SS/GS/SAR- /29/05/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5