Marudhupandi Alias Marudhu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Marudhupandi @ Marudhu ... Petitioner/Accused 2 Vs The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.
(Crime No.21 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Chandrasekar, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.21 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 341 & 506(i) IPC in Crime No.21 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that when the defacto complainant was returning from Virudhunagar to his village, the accused persons assaulted him. 1/4
Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that this is second petition for anticipatory bail and earlier, this Court granted anticipatory bail to the petitioner, however, he failed to produce sureties in time. However, he would fairly submit that the injured person has already been discharged from the hospital. 5.Taking into consideration the facts and circumstances of the case and also the fact that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, 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 No.
I, Virudhunagar on condition that the petitioner shall execute a bond for a sum of Rs.
impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., until further orders.
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial. [e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 24/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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GNS TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.CHANDRASEKAR, Advocate ( SR-5835[I] dated 24/05/2024 ) ORDER IN CRL OP(MD) No.7756 of 2024 Date :24/05/2024 SA/GS/SAR. /29.05.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4