Nagarajan 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

1. Nagarajan

2. Kumar

3. Alaguraj ... Petitioners/Accused No.1 to 3 Vs The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

(Crime No.33/2024).

... Respondent/Complainant For Petitioners :

M/s.Arunkumar K G, 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.33/2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police in connection with Crime No.33 of 2024 for the offence under Sections 294(b), 323, 427 1/5

and 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassement Women Act, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that on 04.04.2024 at about 08.00 p.m., there was a wordy quarrel between the parties, due to which, the petitioners abused the defacto complainant and his son in filthy language and attacked them. Hence, the case.

3.The learned counsel for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl. side) appearing for the respondent police has objected for grant of anticipatory bail on the ground that the first petitioner has three previous cases to his credit and the investigation is yet to be completed. He fairly conceded that the injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also the fact that there is a specific overt act against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this petition is dismissed as against the first petitioner.

6.Considering the nature of allegation made against the petitioners 2 and 3 and 2/5

the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. 7.Accordingly, this criminal original petition is partly allowed and the petitioners 2 and 3 are ordered to be released on bail in the event of 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, Singampunari, on condition that the petitioners 2 and 3 shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (i)The petitioners 2 and 3 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 petitioners 2 and 3 shall stay at Virudhunagar and report before the Inspector of Police, Virudhunagar Town Police Station daily at 10.30 am until further orders. They have to co-operate for the investigation. (iii) The petitioners 2 and 3 shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

(iv)On violation of any of the above conditions by the petitioners 2 3/5

and 3, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 23/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judicial Magistrate, Singampunari.

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

3.The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

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

Copy to:

The Inspector of Police, Virudhunagar Town Police Station, Virudhunagar District.

4/5

ORDER

IN CRL OP(MD) No.6224 of 2024 Date :23/04/2024 ED/ 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