S Periyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI S .Periyasamy ... Petitioner/Sole Accused Vs The Inspector of Police, Shanarpatti Police Station, Dindigul District.

Crime No. 210/2024.

... Respondent/Complainant For Petitioner : M/s. Iniyavan.M, Advocate.

For Respondent : Mr.P,Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.210 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police in connection with Crime No.210 of 2024 for the offence under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, has filed this petition.

2.The case of the prosecution is that there was a wordy quarrel between the parties with regard to taking water and the petitioner stabbed the defacto complainant on her stomach with a knife. Hence, the case 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. 4.The learned Government Advocate (Crl. side) has raised serious objections that the petitioner stabbed the defacto complainant on her stomach and 8 stitches have been made and it is a serious one.

5.Considering the rival submissions made, this Court suggested the petitioner to pay some amount as compensation to the victim, without prejudice to his case. 2/5

6.The learned counsel for the petitioner claims that he has also advised the petitioner to pay some amount as compensation for her medical expenses, to show his bona fide. But the defacto complainant has refused to receive the amount. 7.Considering the facts and circumstances of the case and the stage of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8.Accordingly, this Criminal Original Petition is allowed 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 Judicial Magistrate No.III, Dindigul, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

i) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government 3/5

in proof of their residence address;

ii) The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.210 of 2024 before the learned Judicial Magistrate No.III, Dindigul, without to his rights and contentions, while executing sureties and on such deposit, the learned Magistrate shall accept the sureties. Further, the trial Court shall decide the matter depending on the outcome of the trial. iii) The petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, 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. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, 4/5

the respondent police shall move an application for cancellation of the bail.

sd/- 14/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Judicial Magistrate No.III, Dindigul

2. Do-Through The Chief Judicial Magistrate, Dindigul District.

3. The Inspector of Police, Shanarpatti Police Station, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7925 of 2024 Date :14/06/2024 RK/VR (26/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5