Kogul @ Gokul Suthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Kogul @ Gokul Suthan ... Petitioner / Accused No.2 Vs The Inspector of Police, Thideer Nagar Police Station, Madurai City.

(Crime No. 133 of 2024.) ... Respondent/Complainant For Petitioner :

Mr.C.Senthil Murugan, 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. 133 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 427 & 506 (ii) of IPC, in Crime No.133 of 2024 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that when the son of the first accused has called the defacto complainant's son for playing, he refused to come. Therefore, the first accused assaulted the defacto complainant and the petitioner has 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 Additional Public Prosecutor submits that there is dispute between the neighbours. Based on the complaint given by the defacto complainant, a case in Crime No.133 of 2024 has been registered as against the accused persons. 5.Considering the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 Judicial Magistrate Court No.V, Madurai on condition that the petitioner shall execute 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 the Judicial Magistrate No.V, Madurai and on further conditions that: 2/4

i. 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; ii. The petitioner shall appear before the respondent police for a period of two weeks. He has to co-operate for the enquiry. iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

iv. 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/- 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.V, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Thideer Nagar Police Station, Madurai City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-4466[I] dated 16/04/2024 )

ORDER

IN CRL OP(MD) No.5726 of 2024 Date :16/04/2024 ED/ VR /SAR- (22/04/2024) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4