Samuvel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Samuvel, ... Petitioner/2nd Accused Vs State through The Inspector of Police, Palani Town Police Station, Dindigul District Crime No. 217/2024.
... Respondent/Complainant For Petitioner : M/s. Lenin Kumar.T, 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. 217 of 2024 on the file of the respondent Police.
1/5
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.217 of 2024, for the offence punishable under Sections 294(b), 323, 324 and 506(ii) IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 03.04.2024, the accused in drunken mood have quarreled with the defacto complainant, abused him using filthy language and assaulted him with beer bottle. They have also threatened him with dire consequences. Hence, the case.
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. 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 injured persons have been discharged from the hospital. No previous case is pending against the petitioner. 2/5
5. Considering the facts and circumstances of the case, the fact that the injured has been discharged from the hospital and also considering the antecedent of the petitioner, 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 their 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 Judicial Magistrate on condition that (i) the petitioner shall 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, Palani. (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 at 10.00 am until further orders 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 3/5
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/- 24/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1.THE JUDICIAL MAGISTRATE, PALANI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL
3. THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-4893[I] dated 25/04/2024 ) 4/5
ORDER
IN CRL OP(MD) No.5930 of 2024 Date :24/04/2024 RK/VR (30/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5