Elamathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Elamathi ... Petitioner/Accused No.1 Vs The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

(Crime No.76/2024).

... Respondent/Complainant For Petitioner :

Mr.K.Arunraj, 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.76/2024 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, 448, 342, 323, 506(i) and 365 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.76 of 2024, on the file of the respondent police, seeks anticipatory bail. 1/4

2.The defacto complainant's mother is a marriage broker, she arranged the marriage between the petitioner and one Saranya and she received a sum of Rs.30,000/- as brokerage. Due to some misunderstanding the petitioner and her wife separated. On 14.03.2024, at about 6.30 a.m., petitioner and his mother came to the defacto complainant house and demanded back the brokerage money and also attacked them with hands. Hence, the case.

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 also the fact that the injured has been discharged from the hospital, 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 No.II, Sattur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties 2/4

each for a like sum to the satisfaction of the learned Judicial Magistrate No. II, Sattur 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.

TTA 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.

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

3 THE INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-4264[I] dated 08/04/2024 )

ORDER

IN CRL OP(MD) No.5427 of 2024 Date :08/04/2024 RS/VR/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