Kannan @ Chinnathambi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Kannan @ Chinnathambi
2. Vetrivel @ Vetri
3. Marimuthu ... Petitioners/Accused No.1 to 3 Vs The State represented by The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
(Crime No.217/2024).
... Respondent/Complainant For Petitioner :
Mr. L.Shaji Chellan, Advocate For Respondent :
Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5
PRAYER :- For Anticipatory Bail in Crime No.217/2024 on the file of the Respondent Police.
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.217 of 2024, for the offence punishable under Sections 294(b), 341, 323, 355, 307 and 506(ii) IPC, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to previous enmity, on 18.05.2024, the accused have abused the defacto complainant using filthy language, assaulted him and threatened him with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioners submits that earlier, the defacto complainant herein had assaulted the petitioners herein and therefore, a case in Crime No.216 of 2024 has been registered as against the defacto complainant herein. As a counter blast, this case has been foisted as against the petitioners herein. 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 defacto complainant has sustained simple injury.
5. Considering the facts and circumstances of the case and also considering the 2/5
nature of injury, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners 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 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 Judicial Magistrate No.II, Srivilliputhur, Viruthunagar District.
(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 am until further orders 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.
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(v) 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/- 14/06/2024 / 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 No.II, Srivilliputhur, Virudhunagar District.
2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.
3.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.M.MOHAN GANDHI, Advocate ( SR-6522[I] dated 14/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.8769 of 2024 Date :14/06/2024 ED/ VR /SAR- (21/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5