Sathyamoorthy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Sathyamoorthy
2. Ramesh
3. Praveen
4. Vignesh ... Petitioners/Accused 1-4
Versus
The State Rep. by The Inspector of Police, Orthanadu Police Station, Thanjavur District.
In Crime No.213/2024 ... Respondent/Complainant For Petitioners: Mr.A.Sivasubramanian 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.213 of 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.213 of 2024, for the offence under Sections 147, 148, 294(b), 323, 324, 355, 379 and 506(2) IPC, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 12.04.2024, at around 11.00 a.m., when the defacto complainant was returning to his home in a two-wheeler, the accused persons intercepted him, assaulted him with a wooden log and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they have been falsely implicated in this case. Therefore, he seeks for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) submits that in the alleged occurrence, the gold chain of the defacto complainant, weighing about 3 sovereigns was missing and therefore, the allegation of chain snatching is also levelled as against 2/5
the petitioners. Therefore, he opposes for grant of anticipatory bail to the petitioners. However, he fairly submits that the petitioners are not having any previous case and the injured has been discharged from the hospital.
5. Considering the nature of allegations and also considering the fact the petitioners are not having any previous case and 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 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 on condition that (i) the petitioners 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, Orthanadu. (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 3/5
at 10.30 a.m. until further 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/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO
1. THE JUDICIAL MAGISTRATE, ORTHANADU.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3.THE INSPECTOR OF POLICE, ORTHANADU POLICE STATION, THANJAVUR DISTRICT.
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4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6553 of 2024 Date :10/06/2024 RK/JGB (14/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5