Dineshkumar @ Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Dineshkumar @ Dinesh ... Petitioner/Accused No.2 Vs The Inspector of Police, Poovanthi Police Station, Sivagangai District.

Crime No. 42/2024.

... Respondent/Complainant For Petitioner : Mr. Senthilkumar R, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 42 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent 1/5

police for the alleged offence punishable under Sections 341, 294b, 324, 307, 506(ii) of IPC in Crime No.42 of 2024, dated 22.03.2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has married the daughter of the defacto complainant against the wish of their family members. Therefore, there is a dispute among the family members of the petitioner and the defacto complainant, due to which, the first petitioner has assaulted the defacto complainant.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submits that there is no previous case as against the petitioner. The injured person is also discharged from the Hospital.

2/5

5.Considering the facts and circumstances of the case, and the relationship of the parties, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No. II, Sivagangai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No. II, Sivagangai and on further conditions that: i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

ii. The petitioner shall appear before the respondent police daily at 10.30 am for a period of two weeks. He has to co-operate for the investigation. 3/5

iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. iv. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 03/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE POOVANTHI POLICE STATION SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-4115[I] dated 03/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.4968 of 2024 Date :03/04/2024 SS/VR/SAR- /08/04/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5