Jeyaraman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Jeyaraman

2. Selvarani

3. Rahul ... Petitioners / Petitioners/Accused Nos.1, 2 & 4 Vs The Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.79/2024).

... Respondent/Respondent/Complainant For Petitioner :

Mr.Sathyachidambaram, 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.79/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police in connection with Crime No.79 of 2024 for the offence under Sections 294(b) and 324 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, have filed this petition seeking anticipatory bail. 2.The petitioners and the defacto complainant are neighbours. The Case of the prosecution is that due to previous enmity, the petitioners have attacked the defacto complainant with a wooden log and caused grievous injury. 3.The learned counsel for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that it is a case in counter and the earlier application filed by the petitioners in Crl.O.P.(MD)No.4499 of 2024 was dismissed by this Court on 02.04.2024 that the defacto complainant has suffered fracture injuries. Now the injured is discharged from the hospital and no previous case is pending against the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent police submits that it is a case in counter and the injured person is also discharged from the hospital. No previous case is pending against the petitioners. 2/5

5.Considering the change of circumstances in the present case, the antecedent of the petitioners and also considering the fact that the injured person is discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 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 learned District Munsif Court cum Judicial Magistrate, Thottiyam, Trichy District, on condition that the petitioners shall 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 Magistrate concerned 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 daily at 10.30 am until further orders. 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.

(iv)On violation of any of the above conditions by the petitioners, the 3/5

respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 23/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The District Munsif cum Judicial Magistrate, Thottiyam, Trichy District.

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

3.The Inspector of Police, Kattuputhur Police Station, Trichy District.

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

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-4871[I] dated 25/04/2024 )

ORDER

IN CRL OP(MD) No.6023 of 2024 Date :23/04/2024 4/5

ED/ JGB /SAR- (06/05/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5