Babu @ Thanga Babu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11552 of 2022
1. Babu @ Thanga Babu
2. Panneer (A) Panneerselvam
3. T.Kumar
4. Velmurugan
5. Pushpam ... Petitioners/Accused 1-5 Vs State rep.by The Inspector of Police, Munnerpallam Police Station, Thirunelveli District.
(Crime.No.131/2022).
... Respondent/Complainant For Petitioners : Mr.Karthikeyavenkitachalapathy M. Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.131 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 324 and 506(ii) I.P.C. in Crime No.131 of 2022 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that when the defacto complainant tried to clean the property, which belongs to the public, for the purpose of performing some public event, that was
resisted by the other group, over which trouble has arisen between the parties and a case and counter case have been registered in Crime No.132 of 2022, wherein also the 5th petitioner is stated to have sustained injury.
3.The learned Government Advocate (Crl. Side) for the respondent police submitted that in both the cases, the injured has been discharged from the hospital and except the 1st petitioner, other petitioners are having no previous cases. He would further submit that the 1st petitioner is involved in another assault case also.
4.Considering the nature of offence, the overt act attributed against the petitioners and considering the fact that the injured person has been discharged from the hospital in both the cases, this Court is inclined to grant anticipatory bail to the petitioners 2 to 5.
5.Accordingly, this Criminal Original Petition is allowed and the petitioners 2 to 5 are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate-V, Thirunelveli, on condition that the petitioners 2 to 5 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 the petitioners 2 to 5 shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners 2 to 5 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners 2 to 5 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 petition for anticipatory bail stands dismissed. Insofar as the 1st petitioner is concerned, this petition is dismissed.
Sd/- 29/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
MM 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-V, TIRUNELVELI.
2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE INSPECTOR OF POLICE, MUNNERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.KARTHIKEYAVENKITACHALAPATH Advocate SR.No.6354
ORDER
IN CRL OP(MD) No.11552 of 2022 Date :29/06/2022 SP/SVR/SAR I/14/07/2022/3P/6C