Austin Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Austin Raja 2.Muthu Rajan 3.Siva ... Petitioners/Accused Nos. 1,2 & 3 Vs State represented by The Inspector of Police, Asaripallam Police Station, Kanyakumari District.

(Crime No.31 of 2024) ... Respondent/Complainant For Petitioners : Mr.S.Ramasamy,Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.31 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 506(2) and 379 IPC in 1/4

Crime No.31 of 2024, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the accused persons purchased materials from the defacto complainant's company and failed to pay the amount. When the same was questioned by the defacto complainant, the accused persons abused him in filthy language and also attacked him.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.side) appearing for the respondent Police submits that the injured person has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this criminal original petition is allowed 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 Judicial Magistrate Court No.I, Nagercoil on condition that the petitioners 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 Judicial Magistrate Court No.I, 2/4

Nagercoil and on further conditions that:

i. 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;

ii. The petitioners shall appear before the respondent police daily at 10.30 am., until further orders.

iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well. iv. 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/- 04/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 3/4

TO THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL THE INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-6148[I] dated 05/06/2024 )

ORDER

IN CRL OP(MD) No.6979 of 2024 Date :04/06/2024 PKP/GS/SAR /11.06.2024/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4