Hari Rajkumar @ Hari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Hari Rajkumar @ Hari

2. Jeganathan @ Jegan

3. Manikandan @ Veeramani @ Mani ... Petitioners/Accused No.2 to 4 Vs The State rep.by, The Inspector of Police, Cantonment Police Station, Trichy City.

(Crime No.1555 of 2023).

... Respondent/Complainant For Petitioner : Mr.C.Karthikeyan Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1555 of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused No.2 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 147, 323, 341, 307 & 506(i) of IPC, in Crime No.1555 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution as per the defacto complainant's version is that on 08.09.2023, the Annual day celebration of the Bar Association, Trichy, was held in Srinivasa Hall. In the above said celebration, the Honourable Judges from the High Court, District Court and other Courts were participated. After the above said celebration was over, in the Dinner Hall at about 8.50 p.m., one Sivakumar who is an Advocate, came to that Hall along with some other persons, who are not connected with their Association. They were also under the influence of alcohol. They picked up quarrel with defacto complainant. He advised them to behave properly, since the Honourable Judges from the High Court and other Courts are participated. He was abused and caused assault with hands and plastic chair. At the intervention of the other Advocates, further assault was avoided. He was criminally intimidated. Based upon which, complaint has been given.

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3.Seeking anticipatory bail, this petition has been filed by accused 2 to 4 on the ground that they are no way involved in the above said issue. The petitioners 1 and 3 are studying in Law College and they are doing internship in the Advocate Office at Trichy. the second petitioner is an Advocate Clerk. The petitioners' contention is that the defacto complainant and others attacked one Sivakumar, who is the first accused. The petitioner rescued the first accused. But, false case has been given by the defacto complainant.

4.This is second anticipatory bail application filed by the petitioners. Earlier application filed by the petitioners was dismissed considering the unruly activities of the petitioners.

5.Now the petitioners have filed undertaking affidavit to the effect that they will not involve in such activities in future. On the basis of the undertaking affidavit, this Court is inclined to grant anticipatory bail to the petitioners with conditions. 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 Judicial Magistrate No.II, Trichy, on condition that the petitioners shall 3/5

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/- 16/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO

1. The Judicial Magistrate No.II, Trichy.

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3. The Inspector of Police, Cantonment Police Station, Trichy City.

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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.19756 of 2023 Date :16/11/2023 RK/DD (22/11/2023) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5