Kathiravan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kathiravan ... Petitioner/ Accused No.3

Versus

The Inspector of Police, Watrap Police Station, (Crime No.30 of 2024) ... Respondent/ Complainant For Petitioner :

Mr.B.Senthil Kumar, 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.30 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.30 of 2024, for the offence punishable under Sections 294(b), 341, 323, 324 and 506(ii) of IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the due to land dispute between petitioner and de-facto complainant, the petitioner and other accused have assaulted the de-facto complainant and caused injury. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is innocent persons 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 there is no previous case pending against the petitioner and the injured has been discharged from the hospital.

5. Considering the nature of injury 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. The petitioner is expected to file an affidavit by giving the undertaking that the petitioner and his family members will not disturb the de-facto complainant.

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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 No.I, Srivilliputhur, Virudhunagar 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 No.I, Srivilliputhur, (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 for a period of three weeks 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, 3/5

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

sd/- 17/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR To 1.The Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Watrap Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.SENTHIL KUMAR, Advocate ( SR-4631[I] dated 18/04/2024 )

ORDER

IN CRL OP(MD) No.5926 of 2024 Date :17/04/2024 4/5

ED/ GS /SAR- (26/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5