Thennarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 THENNARASU 2 SENTHURKANI 3 BALU ... PETITIONER/ACCUSED NO.1 TO 3 Vs THE INSPECTOR OF POLICE SINGAMPUNARI POLICE STATION (*)SIVAGANGAI DISTRICT.

CRIME NO.94/2024.

... RESPONDENT/COMPLAINANT For Petitioners :

M/S.S.SIVAPRAKASH, 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.94/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners / A1 to A3, who apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 324, 506 (ii) I.P.C. and Section 4 of TNPWH Act in Crime No.94 of 2024, on the file of the respondent Police, seek anticipatory bail.

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2. The case of the prosecution is that due to wordy quarrel arose between the petitioners and the defacto complainant, the petitioners herein abused the defacto complainant by using filthy language and attacked him with hands and sticks. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are granted anticipatory bail and they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Singampunari, Sivagangai District and on condition that the petitioners shall 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 respondent 2/5

police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a). if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b).the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c). the petitioners are directed to appear before the respondent police for a period of two weeks at 10.30 P.M., and thereafter, as and when required for interrogation;

(d). the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e). the petitioners shall not abscond either during investigation or trial; (f). on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/5

(g). if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 28/03/2024 (*)(AMENDED AS PER ORDER OF THIS HON'BLE COURT IN CRL MP (MD).4496/2024 IN CRL OP(MD).

4900/2024 DATED 18/04/2024 BY BPJ) TIME GRANTED BY THIS COURT TO COMPLY WITH THE CONDITION IMPOSED VIDE ORDER DATED 28.03.2024 IN CRL OP(MD).

4900 OF 2024 IS EXTENDED FOR A PERIOD OF TEN DAYS FROM THE DATE OF RECEIPT OF AMENDED COPY OF THIS ORDER.

/ TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 08/04/2024 1 THE JUDICIAL MAGISTRATE, SINGAMPUNARI, SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE SINGAMPUNARI POLICE STATION SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.SIVAPRAKASH, Advocate ( SR-4618[I] dated 18/04/2024 )

ORDER

IN Date :28/03/2024 RS/JGB/SAR-(05.04.2024) 5P 6C RS/JGB/SAR-(26.04.2024) 5 P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5