Solairaja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2024 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI
1. Solairaja,
2. Latha,
3. Pandiselvi, ... Petitioners/Accused 2 to 4 Vs The Inspector of Police, Thirumayam Police Station Pudukkottai District Crime No. 53/2024.
... Respondent/Complainant For Petitioners : M/s. ARUN PRASAD.A, Advocate.
For Respondent : Mr.M.SAKTHIKUMAR, Government Advocate (Crl.Side) For Intervenor : Mr.B.JAMEEL ARASU, Advocate PRAYER :- For Anticipatory Bail in Crime No. 53 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 offence punishable under Sections 294(b), 341, 323,324 and 506 (ii) I.P.C, in Crime No.53 of 2024, seeks anticipatory bail.
1/4
2.The case of the prosecution is that due to family dispute, the petitioners and other accused have assaulted the defacto complainant and caused injuries to her. 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.
4.The learned Government Advocate (Crl. side) appearing for the respondent strongly opposes to grant bail on the ground that the investigation is yet to be completed. He further submits that the injured has already been discharged from the hospital.
5. The petitioners are the son, wife and daughter of A1. A1 is said to have borrowed money from the defacto complainant. The petitioners claim that the defacto complainant collected exorbitant interest and they have already settled the amount. Even thereafter, the defacto complainant demanded more money and also abused them. The first accused assaulted the defacto complainant with a wooden log and the defacto complainant has sustained a fracture on his right hand and therefore, the defacto complainant has lodged a complaint implicating all the family members.
6. Considering the facts and circumstances of the case and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, this Criminal Original Petition is allowed and the petitioners 2/4
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 concerned learned Judicial Magistrate, on condition that (i) the petitioners 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, Thirumayam;
(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 as and when required by the respondent police. They have to co-operate for the investigation. (iv) The petitioners 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 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.
3/4
LS TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION PUDUKKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.7875 of 2024 Date :04/06/2024 SA/GS/SAR. /13.06.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4