Vengadesan @ Vengadachalam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16032 of 2023
1. S.Vengadesan @ Vengadachalam,
2. V.Kaliyaperumal,
3. V.Nagalakshmi, ... Petitioners/Accused No.1,2 & 4 Vs The State rep. by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.
(Crime No.588 of 2023).
... Respondent/Complainant For Petitioner : M/s.Durai Pandian.K.S, Advocate.
For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime NO.588 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused No.1, 2 & 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506 1/4
(ii) of IPC, in Crime No.588 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is as per the defacto complainant's version is that on 14.08.2023, at about 5.30 p.m., the defacto complainant's son-in-law and his children came to the Village to attend temple festival. At that time, the second accused namely Kaliyaperuamal drove a two wheeler in a rash and negligent manner and tried to hit the granddaughter. When that was objected, trouble has arisen. The accused assaulted the defacto complainant and others with wooden log. Over which the present complaint has been registered.
3.When the application was moved finding that the second petitioner tried to hit the child, all the petitioners were directed to be present before this Court. Today, all of them are present before this Court and stated that the second petitioner herein drove the vehicle in careful manner. At that time, the child suddenly crossed the road. He avoided the hitting. But however, the defacto complainant party picked up quarrel and assaulted him. Over which he has also given complaint. 4.The learned Government Advocate (Crl. Side) would submit that so far no complaint has been given by the petitioners party. 5.Considering the fact that it was a petty issue between neighbours and no previous bad antecedents was recorded against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions. 2/4
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, before the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners 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/- 14/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO
1. The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.
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2. Do-Through The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3. The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.16032 of 2023 Date :14/09/2023 SSA/VRS/10.10.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4