Madras High CourtCRL OP(MD)/5865/2024ordered

Esthak Anthony Jensan @ Jensan v. The Inspector Of Police

2024-04-17Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI (*)Esthak Anthony Jensan @ Jensan ... Petitioner/Sole Accused Vs.

State represented by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

(Crime No.216 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Sathya Chidambaram, 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.216 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 a case in Crime No.216 of 2024, for the offence punishable under Sections (**) 294(b), 324 and 506(ii) of IPC and Sec.4 of Tamil Nadu Prohibition of Women Harassment Act , has filed this petition seeking anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the petitioner and the de-facto complainant, the petitioner has attacked the de-facto complainant with wooden log and abused him in filthy language. The de-facto complainant sustained injury. Hence, the case. 3.The learned counsel appearing for the petitioner submits that it is a case in counter. One week before, the de-facto complainant went to the petitioner's home in a drunken mood and quarrelled with him. Again on 07.04.2024, the de-facto complainant attacked the petitioner and his mother.

The petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. 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 the investigation is in the initial stage. He further submits that the injured has been discharged from the hospital.

5.Considering the nature of allegation and also considering the fact that the injured has been discharged from the hospital, 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 his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District on condition that (i) the petitioner 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, Radhapuram, Tirunelveli District. (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 3/5

until further orders. 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/- 17/04/2024 (*)(**)AMENDED AS PER ORDER OF THE COURT DATED 11.06.2024 IN CRL MP (MD)NO.5816 OF 2024 IN CRL OP(MD) NO.5865 OF 2024 TIME GRANTED BY THIS COURT TO COMPLY WITH THE CONDITION IMPOSED VIDE ORDER DATED 17.04.2024 IN CRL.O.P.

(MD)NO.5865 OF 2024 IS EXTENDED FOR A PERIOD OF TEN DAYS FROM THE DATE OF RECEIPT OF AMENDED COPY OF THIS ORDER.

/ TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR 4/5

TO TO BE SUBSTITUTED WITH THE ORDER DATED 17.04.2024 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate SR No.6353 dated 12.06.2024

ORDER

IN CRL OP(MD) No.5865 of 2024 Date :17/04/2024 SS/GS/SAR- /26/04/2024/5P/6C RK/JGB 21.06.2024 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5