Babu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Babu, ... Petitioner/Accused Rank No.8 Vs The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
Crime No. 174/2024.
... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian R L, Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) Petition for Anticipatory bail under section 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 174 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 connection with Crime No.174 of 2024 for the offence under Sections 147, 148, 294(b), 323, 324, 307 and 120(b) of IPC, have filed this petition seeking anticipatory bail. 1/5
2. The case of the prosecution is that on 27.04.2024, at 07.00 p.m., when the village community meeting was held at Muthukudi in respect of shed which was installed by Mariappan and Joseph in the village common place, the petitioner and other accused came there, attacked the village headman and other village elders and also abused them in filthy language. Further, the accused Sibi and Vasanthakumar attempted to kill the village elder's son, Muthumani by assaulting with sickle. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that A1 to A4, A6 and A14 have already been arrested and released on bail by the trial Court and and A5, A7 and A9 were obtained anticipatory bail, before this Court.
4.The learned Government Advocate (Crl. side) appearing for the respondent police opposes for grant of anticipatory bail on the ground that the investigation is yet to be completed. However, he fairly conceded that the injured has been discharged from the hospital.
2/5
5.Considering the facts and circumstances of the case, the nature of allegation made against the petitioner and also the facts that the injured has been discharged from the hospital and the co-accused have already been arrested and released on bail by the trial Court and and A5, A7 and A9 were obtained anticipatory bail, before this Court, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of 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 Court, Rajapalayam, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.
(ii)The petitioner shall appear before the respondent police daily at 3/5
10.30 am until further orders. He has to co-operate for the investigation. (iii) The petitioner shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.
(iv) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory PETITION FOR BAIL Under Sec.483 of BNSS sd/- 24/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, 4/5
VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to DHILIPAN PANDIAN R L Advocate SR.No.8483
ORDER
IN CRL OP(MD) No.11333 of 2024 Date :24/07/2024 MGJ/GS/07.08.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5