Tamilarasan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Tamilarasan, ... Petitioner/Accused No.1 Vs The Inspector of Police, S.S.Colony Police Station, Madurai City.
(Crime No.140/2024).
... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate. For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.140/2024 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 offence under Sections 294(b), 324, 307 & 506(ii) of IPC in Crime No.140 of 2024, 1/5
on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner demanded money from the defacto complainant for consuming liquor, when it was denied by the defacto complainant, there was a wordy quarrel between them and the petitioner is said to have assaulted the defacto complainant with stones and caused injury to him. 3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner is involved in the following criminal cases:- S.No Crime Numbers Name of Police Stations Offences 1.
C3 S.S.Colony PS 75 of TNCP Act 2.
C3 S.S.Colony PS 294(b), 323, 324 IPC 3.
C3 S.S.Colony PS 294(b), 387, 506(ii) of IPC The learned Government Advocate (Crl.side) further submits that this is the second anticipatory bail application. Earlier petition filed by the petitioner in Crl.O.P.(MD) No.5729 of 2024 was dismissed by this Court on 16.04.2024.
5. The learned counsel for the petitioner has filed an affidavit of one A.Deivam, a Retired Army personnel and an affidavit of one N.Masilamani, a Retired Special 2/5
Sub Inspector of Police and submits that they assured that the petitioner will not indulge in any offence.
6. Considering the facts and circumstances of the case and considering the nature of offence and the assurance filed by the retired employees, this Court is inclined to grant anticipatory bail to the petitioner.
7. 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 is directed to file a separate affidavit of A.Deivam, a Retired Army personnel and an affidavit of one N.Masilamani, a Retired Special Sub Inspector of Police before the respondent police. (ii) 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.V, Madurai;
(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; 3/5
(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 her 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/- 13/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS/DSK TO THE JUDICIAL MAGISTRATE NO.V MADURAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI CITY.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-6494[I] dated 13/06/2024 )
ORDER
IN CRL OP(MD) No.8595 of 2024 Date :13/06/2024 PKP/JGB/SAR /26.06.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5