S.Ashok Kumar 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 S.Ashok Kumar, ... Petitioner/Accused 1 Vs State represented by The Inspector of Police, Vallam Police Station, Thanjavur District.

Crime No.112 of 2024.

... Respondent/Complainant For Petitioner : M/s.KARUNANITHI.M, Advocate For Respondent : Mr.B.THANGA ARAVINDH Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.112 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 connection with a case in Crime No.112 of 2024, for the offence punishable under Sections 294(b), 323, 379 and 506(i) IPC, has filed this petition seeking anticipatory bail.

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2. The case of the prosecution is that due to money dispute, on 06.03.2024, the petitioner and others assaulted the defacto complainant with hands, abused him with filthy language. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the defacto complainant has borrowed a loan to the tune of Rs.2 crores and has failed to repay the same. The Bank initiated proceedings under SARFAESI Act and attached the properties. While taking the property, the defacto complainant foisted a complaint through his employee. He further submits that the petitioner is working as Branch Manager, State Bank of India. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending against the petitioner.

5. Considering the facts and circumstances of the case and also considering the occupation of the petitioner that he is the Manager of the said Bank, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of their 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 on condition that 2/4

(i) the petitioner 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 No.II, Thanjavur. (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 as and when required for interrogation. 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.

(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 ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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LR TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5714 of 2024 Date :15/04/2024 SA/VR/SAR. /18.04.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4