Vengadesh v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Vengadesh
2. Arul Sakthi
3. Pondhivakar ... Petitioners/Accused No.1 to 3 Vs The Sub Inspector of Police, Kalakadu Police Station, Tirunelveli District.
(Crime No.218/2024).
... Respondent/Complainant For Petitioners : Mr.A.Naresh Prabu, 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.218/2024 on the file of the Respondent Police.
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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.218 of 2024, for the offence punishable under Sections 294(b), 323, 324 and 506(ii) IPC and Section 4 of TNPHW Act, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 20.04.2024 the accused persons assaulted the defacto complainant with weapons and also threatened him with dire consequences. 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. The first petitioner is the brother of the defacto complainant. The defacto complainant has married a person against his wish. Due to that motive, a false case has been foisted against them. The injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the 2/5
respondent Police submitted that in this case, investigation is yet to be completed. However, he fairly submitted that it is a family dispute and 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 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, Nanguneri, Tirunelveli District; (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; (iii) The petitioners shall appear before the respondent police daily at 10.30a.m., for a period of one week, and thereafter, shall appear before the respondent Police as and when required for interrogation. They have to co-operate for the investigation; 3/5
(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/- 25/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE JUDICIAL MAGISTRATE NANGUNERI, TIRUNELVELI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE SUB INSPECTOR OF POLICE KALAKADU POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.NARESH PRABU, Advocate ( SR-4923[I] dated 25/04/2024 ) 4/5
ORDER
IN CRL OP(MD) No.6379 of 2024 Date :25/04/2024 SS/JGB/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