R.Charles v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. R.Charles,

2. A.Anburaj,

3. Arasi Princeraj,

4. Salmon Raja,

5. J.Gnanasekaran,

6. T.E.S.Manoharan,

7. Rajasekaran,

8. R.Rathiga,

9. Sheela,

10. Y.Jeyasehar,

11. J.Jemema,

12. A.Stella Jeeva @ Jeeva,

13. George Jebamani, 1/5

14. Rathinam,

15. Thangaiya, ... Petitioners/Accused Vs The Sub Inspector of Police, B-5, South Gate Police Station, Madurai City.

Crime No.222/2024..

... Respondent/Complainant For Petitioners : M/s Samidurai K., Advocate. For Respondent : Mr.R.M.Ambunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime no.222 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 127(2) and 351

(2) of BNS, in Crime No.222 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are said to have trespassed into the Pastor's room and prevented him from doing his duty. Further, they abused 2/5

him in filthy language and assaulted him and caused injuries to him. Further, Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegation with reference to the Church, where there was a dispute and the injured being discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate IV, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners shall report before the respondent police daily at 10.

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(d)the petitioners shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRAE IV MADURAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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3 THE SUB INSPECTOR OF POLICE B-5, SOUTH GATE POLICE STATION, MADURAI CITY.

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

+1 CC to M/s.K.SAMIDURAI, Advocate ( SR-10071[I] dated 19/08/2024 )

ORDER

IN CRL OP(MD) No.13486 of 2024 Date :19/08/2024 PSP/GS/SAR /24.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5