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Madras High CourtCRL OP(MD)/8008/2024ordered

Raja @ Vishwalingam v. The Inspector Of Police

2024-06-06Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Raja @ Vishwalingam

2. Veeramani

3. Ranjith @ Ranjikumar

4. Manoj @ Manojkumar ... Petitioners/Accused No.1 to 4 Vs The Inspector of Police, Ammapet Police Station, Thanjavur District.

(Crime No.511/2024.) ... Respondent/Complainant For Petitioners :

Mr.Venkatesan.S, Advocate.

For Respondent :

Mr.P,Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.511/2024 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.511 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the parties during the temple festival, in which, the petitioners abused the defacto complainant in filthy language, attacked him and caused criminal intimidation against him. Hence, the case.

3.The learned counsel appearing for the petitioners submits that the petitioners have not indulged in any offence as alleged by the prosecution and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl. side) for the respondent has strongly objected for grant of anticipatory bail on the ground that the investigation is yet to be completed. He fairly conceded that the victim has sustained simple injury and no previous case is pending against them. 5.Considering the nature of offence, the fact that the victim has sustained 2/5

simple injury and also considering the fact that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this criminal original petition is allowed and 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 District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District, on condition that the petitioners 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 Magistrate concerned and on further conditions that: i. The petitioners 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; ii. The petitioners shall appear before the respondent police as and when required for interrogation.

iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

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iv. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Ammapet Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8008 of 2024 Date :06/06/2024 4/5

ED/ JGB /SAR- (14/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5