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Madras High CourtCRL OP(MD)/5717/2024granted

Sakthi Mahesh v. The Inspector Of Police

2024-04-16Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI

1. Sakthi Mahesh

2. Sulakshana ... Petitioners/Accused No.6 & 7 Vs The Inspector of Police, Town West Police Station, Dindigul District.

Crime No.Not Known of 2024 ... Respondent/Complainant For Petitioners :

Mr.V.Malaiyendran, 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. of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 120(b), 427 and 380 of IPC seek anticipatory bail.

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2.The case of the prosecution is that the petitioners along with others trespassed into the house of the defacto complainant and damaged the house hold articles and valuable documents.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated as accused in this case. 4.The learned Additional Public Prosecutor submits that a petition enquiry was conducted and a case in Crime No.241 of 2024 has been registered as against the petitioners and other accused persons for the offences punishable under Sections 147, 294b, 341, 447 and 380 of IPC. He further submits that the dispute is between the family members and no one is injured in this case. 5.Considering the facts and circumstances of this case and the fact that no one is injured, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.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 Judicial Magistrate Court No.I, Dindigul on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two 2/4

sureties each for a like sum to the satisfaction of the learned the Judicial Magistrate No.I, Dindigul 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 as and when required by the respondent police. They have to co-operate for the investigation.

iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well. 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/- 16/04/2024 / 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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TO 1 THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.J.THIRUPATHIRAJ, Advocate ( SR-4577[I] dated 17/04/2024 )

ORDER

IN CRL OP(MD) No.5717 of 2024 Date :16/04/2024 RS/VR/SAR-(22.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4