Krishnamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Krishnamoorthy ... Petitioner/Sole Accused

Versus

The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.167 of 2024) ... Respondent/Complainant Mohan ... Intervenor/Defacto Complainant In CRL MP(MD).4776/2024 in CRL OP(MD).5866/2024 For Petitioner :

Mr.V.Karuna, Advocate For Respondent :

Mr.P.Kottaichamy Government Advocate (Crl. Side) For Intervenor :

Mr.T.Leninkumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.167 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 1/4

connection with a case in Crime No.167 of 2024, for the offence under Sections 294(b), 323 and 506(ii) IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that on 06.04.2024, at about 6.00 p.m., when the defacto complainant went to his agricultural land, the petitioner came there, abused him in filthy language and also attacked him with a wooden log and thereby, caused injuries.

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. He further submits that the petitioner, in order to show his bona fide, is prepared to pay a sum of Rs.10,000/- to the defacto complainant for his medical expenses, without prejudice to his case. To prove the same, he has also handed over a sum of Rs.10,000/- to the learned counsel for the intervenor.

4. The learned Government Advocate (Crl. Side) submits that the investigation is going on.

5. Considering the nature of offence and also considering the fact that the petitioner has paid a sum of Rs.10,000/- to the defacto complainant for his medical expenses, 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 arrest or on his appearance within a 2/4

period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner executes 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 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 a.m. for a period of two weeks and thereafter, as and when required for interrogation. 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/- 29/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 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.V.KARUNA, Advocate SR.No.5032[I] Dated 29/04/2024 +1. CC to M/S.T.LENIN KUMAR, Advocate SR.No.5281[I] Dated 02/05/2024

ORDER

IN CRL OP(MD) No.5866 of 2024 Date :29/04/2024 RS/GS/SAR-(08.05.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4