Sakthi @ Sakthivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sakthi @ Sakthivel ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Ammaiyanaickanoor Police Station, Dindigul District.
(Crime No.Not Known of 2024) ... Respondent/Complainant For Petitioner :
M/s.J.Lawrence, 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.Not Known 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 connection with the case in Crime No. Not known of 2024 for the offence under Sections 294(b), 323, 506 (i) I.P.C. r/w. Section 4 of the Tamil Nadu Prohibition of 1/4
Harassment of Women Act, 1998, has filed this petition, seeking anticipatory bail.
2. The case of the prosecution is that the petitioner misbehaved with the defacto complainant, abused her in filthy language, slapped her and also threatened her with dire consequences.
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.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that after enquiry a case in Crime No.130 of 2024 was registered by the respondent police. The investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case.
5. Considering the facts and circumstances of the case, nature of offence and considering the fact that the petitioner is not having any previous case and that the occurrence is said to have taken place between the relatives, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate, on condition that 2/4
(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, Nilakkottai;
(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 as and when required by the respondent police. 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/- 18/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, AMMAIYANAICKANOOR POLICE STATION, DINDIGUL DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.LAWRANCE, Advocate ( SR-4645[I] dated 18/04/2024 )
ORDER
IN CRL OP(MD) No.6005 of 2024 Date :18/04/2024 RS/JGB/SAR-(26.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4