Palraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Palraj ... Petitioner/Accused Rank not known Vs The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.
... Respondent/Complainant For Petitioner :
M/s. Gurumoorthy.S, Advocate.
For Respondent :
Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.457 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 Crime No.457 of 2024 for the offence under Sections 294(b), 324 and 506(ii) of IPC, has filed this petition seeking anticipatory bail. 2.The case of the prosecution is that there was an enmity between the petitioner and the defacto complainant during the temple festival. Due to which, on 1/4
29.05.2024, the petitioner along with other accused abused the defacto complainant in filthy language, attacked him and threatened him with dire consequences. Hence, the case.
3.The learned counsel for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case.
4.The learned Government Advocate (Crl. side) appearing for the respondent police opposes for grant of anticipatory bail on the ground that the investigation is yet to be completed. However, he fairly conceded that the injured has been discharged from the hospital.
5.Considering the facts and circumstances of the case, the nature of allegations and also considering the fact that the injured has 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, 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 2/4
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 in proof of their residence address;
(ii)The petitioner shall appear before the respondent police daily at 10.30 am for a period of one week and thereafter as and when required for interrogation. He has to co-operate for the investigation. (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.
(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/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI 3/4
To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.
2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.8414 of 2024 Date :10/06/2024 ED/ JGB /SAR- (20/06/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4