Dhanavanthan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Dhanavanthan ... Petitioner/Accusec Rank Not known
Versus
State Rep. by The Inspector of Police, Thottiyam Police Station, Trichy District.
... Respondent/Complainant (Crime No. 91 of 2024) For Petitioner : Mr.K.Arunraj, 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.91 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.91 of 2024, for the offence under Sections 294(b), 1/4
353 and 506(i) IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the petitioner, in a drunken mood, assaulted a Police Officer, who was on duty in a Temple Festival.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is in no way connected with the alleged occurrence. He further submits that the petitioner is the Generator Operator and he was allowed to operate the Generators in the temple festival. On the date of occurrence, when the petitioner went inside the temple, the police official prevented him from executing his work, due to which, there was a wordy quarrel between them. Hence, this case has been foisted against the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the investigation is going on.
5. Considering the facts and circumstances of the case and also considering the nature of offence, 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 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 2/4
Thousand) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thottiyam. (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/- 23/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,THOTTIYAM.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.ARUN RAJ, Advocate ( SR-4736[I] dated 23/04/2024 )
ORDER
IN CRL OP(MD) No.6168 of 2024 Date :23/04/2024 PKP/GS/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