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Madras High CourtCRL OP(MD)/5418/2024ordered

Subbulakshmi v. The Inspector Of Police

2024-04-08Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Subbulakshmi, ... Petitioner/Accused 2 Vs The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

Crime No.144 of 2024.

... Respondent/Complainant For Petitioner : M/s.RAJESH P, 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.144/2024 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 police for the alleged offence punishable under Sections 294b, 324 and 506(ii) of IPC and Section 1/4

4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.144 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to land dispute, the petitioner along with other accused has attacked the defacto complainant and caused injuries to him. Hence, the complaint.

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.

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 learned Judicial Magistrate Court, Nanguneri, Tirunelveli District, 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 2/4

Judicial Magistrate Court, Nanguneri, Tirunelveli District, 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 one week. He has to co-operate for the investigation.

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/- 08/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TTA TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.P.RAJESH, Advocate ( SR-4307[I] dated 10/04/2024 ) ORDER IN CRL OP(MD) No.5418 of 2024 Date :08/04/2024 SA/GS/SAR. /17.04.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4