Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 11.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vijayakumar ... Petitioner/Accused No.1 Vs The Inspector of Police, Vilampatti Police Station, Dindigul District.

(Crime No.126 of 2024) ... Respondent/Complainant For Petitioner : Mr.C.V.K.M.Gopinath, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticpatory Bail in Crime No.126 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), 324, 506(ii), 109 and 1/5

448 IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Cr.No.126 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioner attacked the defacto complainant's son and when the same was questioned by the defacto complainant, the petitioner abused her in filthy language and also attacked her.

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. However, he fairly submits that the petitioner is ready to pay compensation to the injured persons.

4.The learned Government Advocate(Crl.side) for the respondent opposed to grant anticipatory bail to the petitioner on the ground that due to the attack of the petitioner, the defacto complainant and her son sustained head injuries. 5.Considering the facts and circumstances of this case and the petitioner's willingness to pay the injured, this Court is inclined to grant anticipatory bail to the petitioner.

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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, Nilakkottai, Dindigul District 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, Nilakkottai, Dindigul District 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., until further orders.

iii. The petitioner shall pay a sum of Rs.5,000/-(Rupees Five Thousand only) each to the injured persons, within a period of two weeks from the date of receipt of a copy of this order.

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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. The petitioner shall be available for the trial as well. 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/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL DISTRICT. 4/5

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.V.K.M.GOPINATH, Advocate ( SR-6334[I] dated 11/06/2024 )

ORDER

IN CRL OP(MD) No.8505 of 2024 Date :11/06/2024 SS/JGB/SAR- /18/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5