Durairaj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Durairaj,
2. Jothimani, ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.
(Crime No.23/2024)..
... Respondent/Complainant For Petitioners : R. Udhayakumar, Advocate.
For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) For intervenor : Mr.V.Vijayarajan, Advocate PRAYER :- For Anticipatory Bail in Crime No.23/2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with the case in Crime No.23 of 2024 for the offence under Section 294(b), 323, 506 (ii)I.P.C., have filed this petition, seeking anticipatory bail.
2. The case of the prosecution is that due to some dispute in shepherding the cattle, the petitioners abused the defacto complainant by using filthy language, attacked him and caused injuries to him.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4. Mr.V.Vijayarajan, learned counsel for the defacto complainant / intervenor appeared and raised objection to grant anticipatory bail to the petitioners.
5. The learned Government Advocate (Crl. Side) appearing for the respondent police submits that the petitioners and the defacto complainant belong to the same village. The investigation is yet to be completed. However, he fairly submits that the petitioners are not having any previous case and the injured person has been discharged from the hospital.
2/5
6. Considering the facts and circumstances of the case, nature of offence and considering the fact that the petitioners are not having any previous case and that the injured person has been discharged from the hospital, 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 concerned learned Judicial Magistrate, on condition that (i) the petitioners 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 District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District; (ii) 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;
(iii) The petitioners shall appear before the respondent police daily at 10.30 am 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. 3/5
(iv) The petitioners shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) 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/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.
3. THE INSPECTOR OF POLICE, MANDALAMANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.UDHAYA KUMAR, Advocate ( SR-4776[I] dated 24/04/2024 ) 4/5
ORDER
IN CRL OP(MD) No.5671 of 2024 Date :22/04/2024 RK/VR(26/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5