Hemanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Hemanathan

2. Prithiviraj ... Petitioners/Accused No.2 & 5 Vs The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

(Crime No.126 of 2024.) ... Respondent/Complainant For Petitioners :

M/s.S.Arun Kumar, Advocate.

For Respondent :

Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.126 of 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 Crime No.126 of 2024 for the offence under Sections 147, 148, 294(b), 307, 427 and 506(ii) of IPC and Section 25(1)(a) of Arms Act, 1959, have filed this petition seeking anticipatory bail.

2.The case of the prosecution is that the petitioners herein along with other accused went to the house of the defacto complainant with deadly weapons and tried to attack the wife of the defacto complainant and also abused them in filthy language. Hence the case.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submits that A3 has already been granted anticipatory bail by this Court date 29.05.2024 in Crl.O.P(MD)No.7988 of 2024.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioners herein along with other accused went to the house of the defacto complainant with deadly weapons and tried to attack the wife of the defacto complainant and also abused them in filthy language. Hence, he objected to grant anticipatory bail to the petitioners. However he fairly concedes that no one has sustained injury in the said occurrence. 2/5

5. Considering the facts and circumstances of the case and also the fact that no one has sustained injury and the co-accused has already been granted anticipatory bail by this Court, 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 Judicial Magistrate Court, Thiruvadanai, 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.

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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/- 12/06/2024 / 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 Judicial Magistrate, Thiruvadanai.

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

3.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

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

+1 CC to M/s.S.ARUN KUMAR, Advocate ( SR-6398[I] dated 12/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.8576 of 2024 Date :12/06/2024 ED/ JGB /SAR- (20/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5