A.T Mohan Dass 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 A.T Mohan Dass ... Petitioner/Sole Accused Vs The Inspector of Police, Jambunathapuram Police Station, Trichy District Crime No. 75/2024.

... Respondent/Complainant For Petitioner : M/s.Ezhilarasu.C, 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.75 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/5

for the alleged offence punishable under Sections 341, 294(b), 323, 324 and 506(i) of IPC and Section 4 of TNPWH Act, in Crime No.75 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, the petitioner attacked the defacto complainant and also threatened him with dire consequences.

3.The learned counsel appearing for the petitioner submits that the petitioner has not indulged in any offence as alleged by the prosecution and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor for the respondent has objected for grant of anticipatory bail on the ground that the investigation is yet to be completed. He fairly conceded that the injured person has been discharged from the hospital 5.Considering the facts and circumstances of the case, the nature of offence and also considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

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 Judicial Magistrate Court, Musiri, Trichy District, on condition that 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 Magistrate concerned and on further conditions that:

i. 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;

ii. The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation. iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. 3/5

iv. 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.

SJI TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.EZHILARASU, Advocate ( SR-4852[I] dated 24/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.6257 of 2024 Date :23/04/2024 SS/GS/SAR- /30/04/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5