Velayutham v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1.Velayutham

2.Mathiazakan

3.Kathirvel

4.Karuppaiah

5.Gopal

6.Deivendran

7.Manikandan

8.Kasthuri

9.Muniyammal

10.Sathiya

11.Maharani

12.Meenal ... Petitioners/Accused Nos.1 to 12 Vs State represented by The Inspector of Police, Abiramam Police Station, Ramanathapuram District. Crime No.149 of 2023. ... Respondent / Complainant For Petitioners : M/s.A.Uthayakumar, 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.149 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 324, 506(ii) of IPC, in Crime No.149 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that there exists a enmity between the defacto complainant's family and the petitioners. On 31.07.2023, there was a wordy quarrel between the petitioners and the defacto complainant. In this incident, the petitioners have assaulted the defacto complainant with hands and caused simple injuries. Hence the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocents, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. They seek for the relief of anticipatory bail.

¶4The learned Additional Public Prosecutor would submit that trouble has arisen between two group of people over celebration of temple festival. The third accused is having one previous case and so far as the other accused are concerned, they are having no previous cases.

¶5Considering the facts and circumstances of this case and also the fact that a dispute has arisen over a celebration of temple festival, this Court is inclined to grant relief to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, on condition that the petitioners shall execute a bond 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 on further condition that 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. scrupulou

¶7The 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/- 08/08/2023 / TRUE COPY /

/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. pnn

To 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.A.UTHAYA KUMAR, Advocate ( SR-12022[I] dated 09/08/2023 ) ORDER IN CRL OP(MD) No.14445 of 2023 Date :08/08/2023 RS/BUC/SAR-(22.08.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023