Balaji v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Balaji,
2. Pitchai @ Periyapidaran,
3. Amirtham, ... Petitioners/Accused Rank Not Known Vs The Inspector of Police, Appanthiruppathi Police Station, Madurai District.
In Crime No.Not known of 2024.. ... Respondent/Complainant For Petitioners : Mr.M. Maran, Advocate.
For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.Not known 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 1/5
connection with the case in Crime No.Not known of 2024 for the offence under Section 294(b), 323, 324 and 506(ii) I.P.C., have filed this petition, seeking anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel in the temple festival, the petitioners abused the defacto complainant by using filthy language, attacked him and his son and also threatened 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.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that after enquiry, the case has been registered in Crime No.108 of 2024 for the offences punishable under Sections 294(b), 323, and 506(i) I.P.C. He further submits that co-accused, who was arrested, was released on Station bail.
5. Considering the facts and circumstances of the case, nature of offence and considering the fact that co-accused was already released on bail by the S.H.O, this 2/5
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 concerned learned Judicial Magistrate, on condition that (i) the petitioners 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 Judicial Magistrate No.V, Madurai;
(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 for a period of two weeks and thereafter shall appear as and when required by the respondent police. 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. 3/5
(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/- 24/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO THE JUDICIAL MAGISTRATE NO.V MADURAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
THE INSPECTOR OF POLICE APPANTHIRUPPATHI POLICE STATION, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.M.MARAN, Advocate ( SR-6870[I] dated 25/06/2024 )
ORDER
IN CRL OP(MD) No.9207 of 2024 Date :24/06/2024 PKP/JGB/SAR /05.07.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5