Natheem v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Natheem, S/o Nazar, No.5/16 A,Main Road, Kanyakumari Post, Agastheeswaram, Kanyakumari District.
... Petitioners/Accused No.3 Vs The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.
Crime No. 121/2024.
... Respondent/Complainant For Petitioner : MR.K.Navaneetharaja, Advocate.
For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.121 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police in 1/5
connection with the case in Crime No.121 of 2024 for the offence under Sections 147, 294(b), 323 and 506(i) I.P.C, has filed this petition, seeking anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant, due to which, the petitioner abused the defacto complainant, attacked him and also threatened him with dire consequences.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl. Side) appearing for the respondent opposed for grant of anticipatory bail on the ground that the investigation is yet to be completed. A case and counter case has been registered. However, he fairly submits that the petitioner is not having any previous case.
5. Considering the nature of offence involved and also considering the fact that the petitioner and the defacto complainant are the Jamath members and that the petitioner is not having any previous case, this Court is inclined to grant anticipatory 2/5
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 concerned learned Judicial Magistrate, on condition that (i) the petitioner executes 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.I, Nagercoil; (ii) 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;
(iii) The petitioner 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. He has to co-operate for the investigation.
(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.
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(v) 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/- 15/04/2024 / 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 JUDICIAL MAGISTRATE NO.I, NAGERCOIL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.
3. THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5648 of 2024 Date :15/04/2024 4/5
RK/VR (18/04/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5