Malaisamy v. The 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 Malaisamy ... Petitioners/Accused Nos.1 Vs The Inspector of Police, Keerathurai Police Station, Madurai Crime No. 187/2024.
... Respondent/Complainant For Petitioner :
Mr.J.Malai Raja, Advocate for M/s.Spicy Law Firm, 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.187 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.187 of 2024, for the offence punishable under Sections 294(b), 324 and 506(ii) IPC, has filed this petition seeking anticipatory bail. 1/4
2. The case of the prosecution is that the due to the dispute between the parties, on 16.04.2024 at 10AM, the accused has assaulted the defacto complainant and her husband. He also threatened them with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an Astrologer. He is having a shop nearby to the shop of the defacto complainant. In the said occurrence, the petitioner was also sustained injuries. However, the complaint lodged by the petitioner was not taken on file by the respondent Police. The petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that in this case, investigation is yet to be completed. However, he fairly submitted that 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 petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his 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 2/4
(i) 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 Judicial Magistrate No.IV, Madurai.
(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, the petitioner shall appear before the respondent Police as and when required for interrogation. The petitioner has to cooperate 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/- 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 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KEERATHURAI POLICE STATION, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.SPICY LAW FIRM, Advocate ( SR-4900[I] dated 25/04/2024 ) ORDER IN CRL OP(MD) No.6381 of 2024 Date :25/04/2024 RS/JGB/SAR-(30.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4