Neelakandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Neelakandan 2.Ajith 3.Mukilan 4.Venkatesan 5.Hariprasath @ Hariharan ... Petitioners/Accused Vs The Inspector of Police, Peravurani Police Station, Thanjavur District (Crime No.125/2024.) ... Respondent/Complainant For Petitioners :

M/s.B.Anandan, 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.125/2024 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.125 of 2024, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute at the time of funeral ceremony of the defacto complainant's uncle, wherein, the petitioners are said to have asaulted the defacto complainant. 3.The learned counsel for the petitioners submits that the petitioners have never committed any offence as alleged by the prosecution. When they were attending the funeral ceremony, the petitioners alone started trouble. He further submits that this is the second petition filed by the petitioners. The earlier application was dismissed on the ground that the injured was not discharged from the Hospital at that point of time. Now, the injured has been discharged from the Hospital.

4.The learned Additional Public Prosecutor appearing for the respondent submits that both the petitioners and the defacto complainant are relatives. The injured has now been discharged from the Hospital. 5.Considering the facts and circumstances of the case, considering the 2/5

fact that the petitioners and the defacto complainant are relatives and the injured has been discharged from the Hospital, 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 District Munsif cum Judicial Magistrate Court, Peravurani on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Peravurani 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 daily at 10.30 a.m., until further orders.

iii. The petitioners shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the 3/5

trial as well.

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/- 21/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The District Munsif cum Judicial Magistrate, Peravurani.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Peravurani Police Station, Thanjavur District.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-6845[I] dated 24/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.9070 of 2024 Date :21/06/2024 ED/ VR /SAR- (12/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5