Madras High CourtCRL OP(MD)/9020/2024partly allowed

Vinoth v. The Inspector Of Police

2024-06-20Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Vinoth

2. Vijay

3. Jothi

4. Veeramani ... Petitioners/Accused 1 to 4

Versus

The Inspector of Police, Lalgudi Police Station, Trichy District.

Cr.No.279 of 2024 ... Respondent/Complainant For Petitioners: Mr.S.B.Kayvin Prince 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.279 of 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.279 of 2024, for the offence under Sections 341, 294(b), 427, 323, 324 and 506(ii) IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a drums player 1/4

by profession. On 08.06.2024, the defacto complainant went to Ayyanvaikkal Karai for funeral ceremony. On completion of the ceremony, the defacto complainant went for refreshment and at that time, the 1st accused sat on the drum. On seeing the same, the defacto complainant questioned him and all the accused persons came there, abused him and also caused injuries. Hence, the complaint.

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. He further submits that due to previous motive, the present complaint has been lodged. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that there is a specific overt act as against the first petitioner/A1.

5. Since there is a specific overt act as against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner.

6. Insofar as the petitioners 2 to 4 are concerned, this Court is inclined to grant anticipatory bail to them.

7. Accordingly, this Criminal Original Petition is partly allowed and the petitioners 2 to 4 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 2/4

(i) the petitioners 2 to 4 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, Lalgudi. (ii) The petitioners 2 to 4 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 2 to 4 shall appear before the respondent Police daily at 10.30 a.m. until further orders. They have to co-operate for the investigation.

(iv) The petitioners 2 to 4 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 2 to 4, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 20/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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OGY TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.9020 of 2024 Date :20/06/2024 SA/VR/SAR. /27.06.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4