Santha Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Santha Kumar, ... Petitioner/Accused 1 Vs The State represented by The Inspector of Police, Karaikudi North Police Station, Sivagangai District Crime No.217/2024.
... Respondent/Complainant For Petitioner : Mr.M.SHAKUL HAMEED, 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.217/2024 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 a case in Crime No.217 of 2024, for the offence punishable under Sections 147, 342, 323, 506(i) and 379 (NH) of IPC, has filed this petition seeking anticipatory bail.
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2. The case of the prosecution is that due to money dispute, the accused have taken away the defacto complainant's two-wheeler bearing Registration No.TN 63 AV 5188 and also assaulted him. 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. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the vehicle, which is alleged to have been stolen by the accused, had already been seized by a finance company for default committed by the defacto complainant. However, by exaggerating the version, the defacto complainant has lodged this complaint.
5. Considering the facts and circumstances of the case and also considering the fact that there is no specific overact as against the petitioner, 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 his 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 Judicial Magistrate on condition that (i) the petitioner execute a bond for a sum of Rs.25,000/-(Rupees 2/4
Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Karaikudi, Sivagangai 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 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.
(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/- 07/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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LR TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2 CC to M/s.M.SHAKUL HAMEED, Advocate ( SR-6196[I] dated 07/06/2024 ) ORDER IN CRL OP(MD) No.8347 of 2024 Date :07/06/2024 SA/VR/SAR. /14.06.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4