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Madras High CourtCRL OP(MD)/1664/2024granted

G.Mathavan v. The Inspector Of Police

2024-02-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024 PRESENT :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN G.Mathavan ... Petitioner / Accused Rank-A1 Vs.

State Through the Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(Crime No.235 of 2023) ... Respondent / Complainant For Petitioner : Mr.E.MAREES KUMAR, Advocate For Respondent : Mr.R.SURESH KUMAR Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER:- For Anticipatory Bail in Crime No.235 of 2023 on the file of the respondent herein.

ORDER:- The Court made the following order:- The petitioner is the Accused No.1, who apprehends arrest at the hands of the respondent police, for the offences punishable under Section 447 of IPC and Section 3 of TNPPL Act, in Crime No.235 of 2023, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that on 04.08.2023, at about 07.00 p.m., the petitioner along with the other accused person in a drunken mood, trespassed into the defacto complainant's school and also damaged the things. Hence the complaint.

3. Learned Government Advocate (Crl.side) submitted that the petitioner is having one previous case.

4. Learned counsel for the petitioner submitted that on the very same day two occurrence have been taken place and two FIRs have been registered in Crime Nos.234 and 235 of 2023. In Crime No.234 of 2023, the petitioner was granted anticipatory bail.

5. In view of the above submission that the Hon'ble Co-ordinate Bench of this Court has granted bail to the petitioner in the connected case, this Court is also inclined to grant relief to the petitioner in this case.

6. Accordingly, this Criminal Original Petition is allowed and on such undertaking affidavit being filed, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.2, Sivakasi, 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 petitioner shall appear before the trial Court daily at 10.30 a.m., until further orders 2/4

and cooperate to complete the investigation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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. sd/- 20/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE JUDICIAL MAGISTRATE NO.2, SIVAKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.E.MAREES KUMAR, Advocate ( SR-2279[I] dated 22/02/2024 ) 3/4

ORDER

IN CRL OP(MD) No.1664 of 2024 Date :20/02/2024 SA/GS/SAR. /28.02.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4