Vinodh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Vinodh
2. Alaguraj ... Petitioners/Accused 1 to 2 Vs The Inspector of Police, Ulagampatti Police Station, Sivagangai District.
(Crime No.32 of 2024).
... Respondent/Complainant For Petitioners : Mr. A.Veeramanikandan, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.32 of 2024 on the file of the Respondent Police 1/5
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.32 of 2024, for the offence punishable under Sections 294(b), 323, 324, 427 and 506(ii) IPC, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on account of previous enmity among the parties, on 04.04.2024 at about 08.00 p.m., the petitioners have abused and assaulted the defacto complainant. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. It is a case and case in counter. The accused in the counter case have already been enlarged on bail as per the order of this Court in Crl.O.P(MD) No.6224 of 2024, dated 23.04.2024. In this case, the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent 2/5
Police submitted that in this case, investigation is yet to be completed. However, he fairly submitted that injured has been discharged from the hospital and it is a case and case in counter and also the accused in the counter case were already enlarged on anticipatory bail as per the order of this Court.
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 petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are 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 concerned Judicial Magistrate on condition that (i) the petitioners 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 Judicial Magistrate, Singampunari; (ii) The petitioners 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;
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(iii) The petitioners shall stay at Virudhunagar and report before the Inspector of Police, Virudhunagar Town Police Station daily at 10.30a.m. until fruther orders. They have to co-operate for the investigation; (iv) The petitioners shall not misuse the liberty granted to them 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 petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.
sd/- 24/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1.THE JUDICIAL MAGISTRATE, SINGAMPUNARI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
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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.
ORDER
IN CRL OP(MD) No.6268 of 2024 Date :24/04/2024 RK/GS (30/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5