Sivasubramaniyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sivasubramaniyan ... Petitioner/Sole Accused Vs The Inspector of Police, Valanadu Police Station, Trichy District.

( Crime No. 51/2024.) ... Respondent/Complainant For Petitioner :

M. Pitchai Muthu, 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. 51 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 a case in Crime No.51 of 2024, for the offence punishable under Sections 294(b), 323 and 506(ii) IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to previous enmity the accused has quarreled with the defacto complainant, assaulted him with hands, abused him 1/4

using filthy language and threatened him with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the complainant only started the quarrel with the petitioner. However, he foisted the complaint against the petitioner. 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 accused, by using a towel, tried to kill the defacto complainant and caused simple injury. The injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case 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.

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 execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to 2/4

the satisfaction of the learned Judicial Magistrate, Manapparai, 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 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 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/- 22/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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LR To 1.The Judicial Magistrate, Manapparai, Trichy District.

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

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

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

ORDER

IN CRL OP(MD) No.6074 of 2024 Date :22/04/2024 ED/GS /SAR- (26/04/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4