Martin Arockiaraj 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 1.Martin Arockiaraj 2.Feliciya ... Petitioners/Accused Nos.1 & 2 Vs The Inspector of Police, Lalgudi Police Station, Trichy District.

Crime No.759 of 2021.

... Respondent/Complainant For Petitioners :

Mr.S.Deenadhayalan, Advocate.

For Respondent :

Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.759 of 2021 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 294(b), 420 and 506(ii) of IPC and Section 24 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seek 1/4

anticipatory bail.

2.The case of the prosecution is that the petitioners and the defacto complainant are the family members and the petitioners are said to have threatened the defacto complainant with dire consequences.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. The first petitioner is a retired Lecturer and the second petitioner is working as a Secondary grade Teacher. They jointly purchased a plot, wherein, the brother of the first petitioner/the defacto complainant is residing. Due to some misunderstanding, there was a wordy altercation among them and nothing happened more than that. 4.The learned Additional Public Prosecutor submits that due to family dispute, this case has been registered in the year 2021 and the investigation has been almost completed.

5.Considering the nature of allegations, 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, Lalgudi, Trichy on condition that the petitioners shall 2/4

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 Judicial Magistrate, Lalgudi, Trichy 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.

VRN 3/4

TO 1 THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.20877[F] Dated 17/04/2024 +1. CC to M/S.T.LENIN KUMAR, Advocate SR.No.20956[F] Dated 17/04/2024

ORDER

IN CRL OP(MD) No.5735 of 2024 Date :16/04/2024 RS/JGB/SAR-(22.04.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4