Raman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Raman

2. Prithivraj @ Prathiraj

3. Natarajan

4. Muthuraman

5. Raja ... Petitioners/Accused No.1 to 5 Vs The State represented by The Inspector of Police, SIPCOT Police Station, Sivagangai District.

(Crime No.63/2024).

... Respondent/Complainant For Petitioners :

M/s.Pandian M, Advocate.

For Respondent :

Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.152/2024 on the file of the Respondent Police 1/5

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.152 of 2024, for the offence punishable under Sections 147, 447, 294(b), 427 and 506(ii) IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 15.04.2024, the accused have entered into the defacto complainant's land, damaged the fences, abused the defacto complainant using filthy language and also threatened him with dire consequences. 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 Police submits that the petitioner Nos.3, 4 and 5 are having previous cases and no previous case is pending against the petitioner Nos.1 and 2.

5. Considering the facts and circumstances of the case and also considering the antecedents of the petitioners, this Court is inclined to grant anticipatory bail to the petitioner Nos.1 and 2.

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6. Accordingly, in respect of the petitioner Nos.1 and 2, this Criminal Original Petition is partly allowed. With regard to the Petitioner Nos.3 to 5, this petition is dismissed. The petitioner Nos.1 and 2 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 concerned learned Judicial Magistrate on condition that (i) the petitioner Nos.1 and 2 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, Manamadurai, Sivagangai District. (ii) The petitioner Nos.1 and 2 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; (iii) The petitioner Nos.1 and 2 shall appear before the respondent police until further orders. They have to co-operate for the investigation.

(iv) The petitioner Nos.1 and 2 shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

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(v) On violation of any of the above conditions by the petitioner Nos.1 and 2, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 07/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judicial Magistrate, Manamadurai, Sivagangai District.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, SIPCOT Police Station, Sivagangai District.

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

+1 CC to M/s.M.PANDIAN, Advocate ( SR-6202[I] dated 07/06/2024 )

ORDER

IN CRL OP(MD) No.8346 of 2024 Date :07/06/2024 4/5

ED/ GS /SAR- (13/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5