Muniyandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Muniyandi
2. Velmurugan
3. Manimaran
4. Kalimuthu
5. Arumugam ... Petitioners/Accused 1 to 5
Versus
State Rep. by The Inspector of Police, Kattanoor Police Station, Virudhunagar District.
Cr.No.10/2024 ... Respondent/Complainant For Petitioners: Mr.S.Sankar 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.10 of 2024 on the file of the Respondent Police.
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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.10 of 2024, for the offence under Sections 147, 294 (b), 323 and 506(1) IPC, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 03.06.2024, at about 5.00 p.m., when the defacto complainant was standing near the drama stage of the Puthaiyanendhal village, all the accused persons abused him in filthy language, attacked him with hands and caused injury. They also threatened him with dire consequences.
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. However, they have been falsely implicated in this case. He further submits that it is a case in counter. Therefore, he prays for a grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the investigation is yet to be completed. He further submits that the injured has been discharged from the hospital.
5. Considering the nature of offence and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
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6. Accordingly, this Criminal Original Petition is ordered 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 on condition that (i) the petitioners 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, Thiruchuzhi. (ii) 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.
(iii) The petitioners shall appear before the respondent Police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. They have to co-operate for the investigation.
(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.
(v) On violation of any of the above conditions by the petitioners, 3/4
the respondent police shall move an application for cancellation of the anticipatory bail.
sd/- 13/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO 1 THE JUDICIAL MAGISTRATE, THIRUCHUZHI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, KATTANOOR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.8671 of 2024 Date :13/06/2024 SA/JGB/SAR. /26.06.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4