M.Abishek vs State

G.Ilangovan, J

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.

The 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.

The 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.

The 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.

Considering 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.

This 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.

The 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.