M.Abisheik v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN M.Abishek ... Petitioner / Accused Rank not known Vs The State rep by The Inspector of Police, Vilathikulam Police Station, Thoothukudi District. Crime No.64 of 2023. ... Respondent / Complainant For Petitioner : Mr.P.Banuprasath, 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.64 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 offence punishable under Section 295, 353, 504 of IPC, in Crime No.64 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 02.05.2023 at about 4.30 p.m., during the Chithirai car festival, the petitioner and other accused persons have violated the temple rules, prevented the Government officials to discharge their duties and also hoisted some community flag in the chariot. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that trouble has arisen over hoisting community flag in the chariot during the car festival. The co-accused have been granted bail.

¶5Considering the facts and circumstances of this case and also the fact that the co-accused have been released on bail, this Court is inclined to grant relief to the petitioner.

¶6This Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Vilaathikulam, Thoothukudi District, on condition that the petitioner 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 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.

¶7The 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/-

14/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN To

1.The Judicial Magistrate, Vilathikulam, Thoothukudi District.

2.Do through the Chief Judicial Magistrate, Thoothukudi District.

3.The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai. +1 CC to M/s.P.BANU PRASATH, Advocate ( SR-12274[I] dated 14/08/2023 ) ORDER IN CRL OP(MD) No.14797 of 2023 Date :14/08/2023 ED/ /SAR- (25/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023