M.Murugan Rasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI M.Murugan Rasu ... Petitioner / Accused No.2 Vs The Inspector of Police, Aranthangi Police Station, Pudukottai District.

(Crime No.163 of 2024) ... Respondent / Complainant For Petitioner :

Mr.J.William Christopher, Advocate For Respondent :

Mr.M.Sakthi Kumar, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticpatory Bail in Crime No.163 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 506(i) IPC in Crime No.163 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the accused are neighbours. The defacto complainant questioned A1 about the cutting of jack 1/4

fruit tree's branch. Due to which, the accused persons entered into the defacto complainant's house, assaulted him and also threatened him with dire consequences.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submits that A1 in this case has also lodged a complaint as against the defacto complainant and a case in Cr.No.164 of 2024 was registered as against the defacto complainant.

4.The learned Government Advocate(Crl.side) appearing for the respondent submits that the injured person has already been discharged from the hospital. 5.Considering the facts and circumstances of this case and also considering that the injured person has already been discharged from the hospital, 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 learned Judicial Magistrate, Aranthangi on condition that 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, 2/4

Aranthangi 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 in proof of their residence address; ii. The petitioner shall appear before the respondent police as and when required;

iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

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

GNS 3/4

To 1.The Judicial Magistrate, Aranthangi.

2.Do through the Chief Judicial Magistrate, Pudukottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

+1 CC to M/s.J.WILLIAM CHRISTOPHER, Advocate ( SR-6293[I] dated 10/06/2024 )

ORDER

IN CRL OP(MD) No.8244 of 2024 Date :06/06/2024 ED/ GS /SAR- (13/06/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4