Alagar @ Alagarsamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Alagar @ Alagarsamy, ... Petitioner/Accused(A2) Vs The Inspector of Police, Koodakovil Police Station, Madurai.

Crime No. 20/2024.

... Respondent/Complainant For Petitioner : M/s Thinesh.P, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No. 20 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police in connection with the case in Crime No.20 of 2024 for the offence under Sections 302 and 109 I.P.C. altered as 304(2) I.P.C, has filed this petition, seeking anticipatory bail. 1/4

2. The case of the prosecution is that there was a wordy quarrel between the parties, due to which, the accused is said to have pushed down the victim and hence, the victim died.

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. He further submits that the petitioner is arrayed as A2, who is the son of A1 and he is said to have attacked the deceased. But there is no corresponding injury recorded and the death is also due to high blood pressure.

4. The learned Government Advocate (Crl. Side) appearing for the respondent opposed this petition on the ground that the petitioner is said to have attacked the deceased in his private part and the investigation is yet to be completed.

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

6. 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 concerned learned Judicial Magistrate, on condition that (i) the petitioner 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 2/4

Judicial Magistrate, Thirumangalam;

(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 daily at 10.30 am until further orders. 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. 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.

LS TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, KOODAKOVIL POLICE STATION, MADURAI.

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

+1 CC to M/s.P.THINESH, Advocate ( SR-6405[I] dated 12/06/2024 ) ORDER IN CRL OP(MD) No.8010 of 2024 Date :12/06/2024 SA/VR/SAR. /25.06.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4