Rajapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Rajapandi ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Vedasandur Police Station, Dindigul District.

In Crime No.178 of 2023.

... Respondent/Complainant For Petitioner : M/s.T.Gopala Krishnan, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.178 of 2023 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 353, 286, 506 (ii) of I.P.C and 3(1) of TNPPDL Act, 1992, in Crime No.178 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 11.07.2023, at about 06.00 p.m., while the defacto complainant is on his duty for the rally of temple festival near Vedasandur Athumedu TASMAC, the petitioner and one Kumaresan who is the 1st accused person were driven TATA ACE and made hindrance to the transport. Further defacto complainant advised them to drive on the side of the road and there was a wordy quarrel took place between the petitioner and the defacto complainant. It was alleged that the petitioners had assaulted the defacto complainant with dire consequences. Hence, the complaint.

3. Reading of the FIR shows that on the date of temple festival police bandobasth was provided by the defacto complainant along with the police team. When the accused persons tried to made hindrance to the rally, they were warned by 2/5

the defacto complainant. At that time, the above said quarrel arose. He abused the defacto complainant and damaged his cellphone. Accused Nos.1, 3 and 5 were arrested and still in custody. Accused No.4 in this case absconded. This petitioner is Accused No.2. According to the learned Government Advocate (Crl. Side) this petitioner has no previous case. But, he has caused damages to the tune of Rs.25,000/-.

4. Since the petitioner has no previous case to his credit, Since the petitioner has caused damages, this Court is inclined to grant anticipatory bail to the petitioner with stringent condition.

5. Accordingly, this Criminal Original Petition is allowed and the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Cr.No.178 of 2023, before the trial Court namely Judicial Magistrate Court, Vedasandur, Dindigul.

6. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Vedasandur, Dindigul District, on condition that the petitioner shall execute a bond 3/5

for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 19/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO 1.THE JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

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3.THE INSPECTOR OF POLICE, VEDASANDUR POLICE STATION, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.GOPALA KRISHNAN Advocate SR.No.11025

ORDER

IN CRL OP(MD) No.13151 of 2023 Date :19/07/2023 RK/DD (28/07/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5