Karthick v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Karthick ... Petitioner/Accused No.4
Versus
The State Rep. by The Inspector of police, Vellanur Police Station, Pudukottai.
(Crime No.92/2024) ... Respondent/Complainant For Petitioner : Mr.B.Mahendrarajan 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.92 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 1/5
connection with a case in Crime No.92 of 2024, for the offence under Sections 147, 148, 294(b), 307 and 506(ii) IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to previous enmity between the defacto complainant and A1, a complaint was registered against the defacto complainant in Crime No.72 of 2024. After registration of the said case, the defacto complainant was arrested and subsequently, he was released on bail. When the defacto complainant was on his way on Vellanur Road to appear before the concerned Police Station, the accused persons attacked the defacto complainant with an aruval on his legs and shoulder and caused injuries. Hence, the case.
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 investigation is yet to be completed. He further submits that the injured has been discharged from the hospital. 2/5
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 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 No.II, Pudukkottai 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 stay at Madurai and report before the Inspector of Police, Tallakulam Police Station, Madurai daily at 10.30 a.m. until further orders. He has to co-operate for the investigation.
3/5
(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 TO 1 THE JUDICIAL MAGISTRATE NO.II PUDUKKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.
3 THE INSPECTOR OF POLICE VELLANUR POLICE STATION, PUDUKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY To:
THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.
4/5
ORDER
IN CRL OP(MD) No.6594 of 2024 Date :03/06/2024 SS/VR/SAR- /14/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5