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Madras High CourtCRL OP(MD)/7832/2024ordered

D.Daniel v. The Inspector Of Police

2024-06-12Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI and CRL MP(MD). No.5850 of 2024 D.Daniel, ... Petitioner/Single Accused Vs The State represented by The Inspector of Police, Dindigul Town North Police Station, Dindigul District.

Crime No.596 of 2024.

... Respondent/Complainant For Petitioner : Mr.N. Mohideen Basha, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr.B.Yasmin Begum, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.596 of 2024 on the file of the Respondent Police.

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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.596 of 2024, for the offence punishable under Sections 294(b), 323, 506(i) and 500 IPC , has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 28.03.2024, the petitioner has abused the defacto complainant using filthy language, assaulted him and also made defamatory remarks against him. 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. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the defacto complaint sustained simple injury.

5. Considering the facts and circumstances of the case and also considering the nature of injury, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that 2/4

(i) the petitioner 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 learned Judicial Magistrate No.II, Dindigul 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 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. 7.Consequently, the connected miscellaneous petition is closed. sd/- 12/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.II DINDIGUL.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.N.MOHIDEEN BASHA, Advocate ( SR-6375[I] dated 12/06/2024 +1 CC to M/s.P.YASMIN BEGUM, Advocate ( SR-6440[I] dated 13/06/2024 )

ORDER

IN CRL OP(MD) No.7832 of 2024 Date :12/06/2024 SS/JGB/SAR- /20/06/2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4