Balakrishnan @ Poruthakarai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Balakrishnan @ Poruthakarai ... Petitioner/A-9
Versus
The Inspector of Police, Y.Othakkadai Police Station, Madurai District.
(Crime No.179 of 2024) ... Respondent/Complainant For Petitioner : Mr.K.Rajesh, Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.179 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in 1/5
connection with a case in Crime No.179 of 2024, for the offence punishable under Sections 147, 148, 294(b), 323, 324, 427, 307 and 506(ii) of IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 21.05.2024, there was an altercation between the petitioner and the defacto complainant, while they were consuming liquor, due to which, the petitioner and others have attacked the defacto complainant and his friends and caused injuries to them. Hence, the case.
3. The learned counsel appearing for the petitioner submits that except the petitioner, all others have already been released on bail. Further, he submits that though the petitioner has involved in another case, it ended in acquittal. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that in view of this occurrence, tension prevails in the village and if the petitioner is granted anticipatory bail, there would be possibility of further occurrence in the village.
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5. Considering the facts and circumstances of the case and also considering the fact that the co-accused have already been released on bail and granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, Madurai District, on condition that (i) the petitioner 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, Melur, Madurai District. (ii) The petitioner 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 petitioner shall stay at Villuppuram and appear before the Inspector of Police, Villuppuram Town Police Station daily at 10.30 a.m until further orders. He has to co-operate for the investigation.
(iv) The petitioner shall not misuse the liberty granted to him 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 petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 26/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO 1 THE JUDICIAL MAGISTRATE,.
MELUR, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE Y. OTHAKADAI POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, VILLUPPURAM TOWN POLICE STATION, VILLUPPURAM. +1 CC to M/s.K.RAJESH, Advocate ( SR-8874[I] dated 29/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.11234 of 2024 Date :26/07/2024 SS/VR/SAR- /14/08/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5