Mathiyalagan @ Mathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Mathiyalagan @ Mathi,

2. Praveen @ Praveen Kumar, ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Pasupathipalayam Police Station, Karur.

In Crime No.145 of 2024.

... Respondent/Complainant For Petitioner : Mr.K.R.LAXMAN, 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.145 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with Crime No.145 of 2024 for the offence under Sections 294(b), 343, 324, 1/5

354B, 354C and 506(ii) of IPC r/w Section 4 of TNPHW Act, have filed this petition. 2.The case of the prosecution is that the defacto complainant's husband is working as a driver before the first petitioner, who is running a dance school and the defacto complainant is working as a dance teacher. On 17.03.2024, at about 10.00 a.m., the first petitioner questioned the whereabouts of two sovereign jewels with the defacto complainant and after that the first petitioner along with other accused persons detained the defacto complainant for three days and assaulted her and also threatened her with dire consequences.

3.The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submits that the co-accused has already been granted anticipatory bail by this Court on 05.04.2024.

4.The learned Additional Public Prosecutor strongly opposes for grant of anticipatory bail on the ground that the first petitioner detained the defacto complainant and without her knowledge, had taken photos. 5.At this juncture, the learned counsel for the petitioners intervened and submitted that the petitioners are ready to surrender their cellphones and also cooperate for the investigation. 6.Considering the facts and circumstances of the case and also considering the 2/5

undertaking given by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

7.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 (Additional Mahila Court), Karur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate (Additional Mahila Court), Karur, 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 appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter shall appear as and when required by the respondent police. They have to co-operate for the investigation and also surrender their cellphones to the respondent police. (iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution 3/5

witnesses.

(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/- 10/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, (ADDITIONAL MAHILA COURT), KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR.

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

+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-4304[I] dated 10/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.5468 of 2024 Date :10/04/2024 SA/GS/SAR. /16.04.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5