Dheena v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Dheena ... Petitioner/Accused Rank No.3
Versus
State Rep. by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.
Crime No.257 of 2024 ... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.257 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.257 of 2024, for the offence under Section 294(b), 323, 506(ii) and 394 IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that on 16.04.2024 at about 9.15 p.m., when the defacto complainant's employee was on his way to his home in his two-wheeler, the petitioner along with other accused persons, who came there in a two-wheeler, dashed against him and took away a sum of Rs.50,000/-, his cellphone and twowheeler. 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. He further submits that the two-wheeler has been recovered from A4. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) opposes for grant of anticipatory bail on the ground that the investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case. 2/5
5. Considering the nature of offence and also considering the fact that the petitioner is not having any previous case, 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 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 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 Judicial Magistrate No.III, Thanjavur, Thanjavur 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 daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by 3/5
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/- 05/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO
1. THE JUDICIAL MAGISTRATE NO.III, THANJAVUR, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3. THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-6216[I] dated 07/06/2024 )
ORDER
IN CRL OP(MD) No.8128 of 2024 Date :05/06/2024 RK/JGB (12/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5