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Madras High CourtCRL OP(MD)/6547/2024ordered

A Prabhakaran @ Prabhu v. The Inspector Of Police

2024-06-03Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI A.Prabhakaran @ Prabhu ... Petitioner/Sole Accused

Versus

The Inspector of Police, Thondi Police Station, Ramanathapuram Distrct.

Crime No.99/2024 ... Respondent/Complainant For Petitioner :

Mr.R.Sevugaraja, Advocate For Respondent :

Mr.M.Sakthi Kumari, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.99 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.99 of 2024, for the offence 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 on 20.04.2024, at about 4.00 p.m., the petitioner met the defacto complainant and demanded him to pay money. When the defacto complainant refused to pay money, the petitioner abused him in filthy language, attacked him and caused injuries. The petitioner has also threatened him with dire consequences.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) opposes for grant of anticipatory bail on the ground that the petitioner is having one previous case. However, he fairly submits that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case, the nature of allegations 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 with certain conditions.

6. Accordingly, this Criminal Original Petition is ordered 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 2/4

learned Judicial Magistrate on condition that (i) the petitioner executes 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, Thiruvadanai, Ramanathapuram District. (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, as and when required for interrogation. He has to co-operate 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/- 03/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6547 of 2024 Date :03/06/2024 RS/VR/SAR-(14.06.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4