Pandiaraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Pandiaraj, 2.Vasu, ... Petitioners/Accused 1 & 2 Vs The Sub Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(In Crime No.128 of 2024).

... Respondent/Complainant For Petitioner :Mr.M.JOTHI BASU, 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.128 of 2024 on the file of the Respondent Police.

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

police for the alleged offence punishable under Sections 341, 294(b), 323 & 506(ii) of IPC in Crime No.128 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioners have attacked the defacto complainant's father and caused injuries to him. 3.The learned counsel appearing for the petitioners submits that it is a case and counter case. The defacto complainant was working as a staff in a Fair price shop and the petitioners have lodged a complaint as against him. Therefore, he was transferred to some other place. Therefore, the defacto complainant and his father have attacked the first petitioner and he was admitted in the hospital on 19.03.2024 and discharged on 25.03.2024.

4.The learned Additional Public Prosecutor for the respondent submits that it is a case and counter case in Crime No.129 of 2024. The injured has been discharged from the Hospital.

5.Considering the nature of allegations and considering the fact that the injured has been discharged from the Hospital, this Court is inclined to grant 2/5

anticipatory bail to the petitioners.

6.Accordingly, this criminal original petition is allowed and the petitioners 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 No.II, Srivilliputhur on condition that the petitioners 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 No.II, Srivilliputhur and on further conditions that: i. The petitioners 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 petitioners shall report before the respondent police daily for a period of one week and thereafter shall appear as and when required and also shall co-operate for investigation. iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

trial as well.

iv. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 05/04/2024 / 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, SRIVILLIPUTHUR.

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

3 THE SUB INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

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ORDER

IN CRL OP(MD) No.5323 of 2024 Date :05/04/2024 SA/VR/SAR. /12.04.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5