Muthukumar 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
1. Muthukumar
2. Sudalaimuthu @ Suresh ... Petitioners/Accused No.1 & 2
Versus
The Inspector of Police, Manur Police Station, Tirunelveli District.
Crime No.427/2024 ... Respondent/Complainant For Petitioners :
Mr.Praveen Kumar, 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.427 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.427 of 2024, for the offence under Sections 294(b), 352, 506(ii) IPC r/w. Section 4 of Tamilnadu Prohibition of Harassment of Women 1/4
Act, have filed this petition seeking anticipatory bail.
2. The petitioners and the defacto complainant are neighbours. The case of the prosecution is that on 31.05.2024, at about 17.15 hrs., when the defacto complainant was in her house, the petitioners came to her house, abused her in filthy language and assaulted her with hands and also threatened her with dire consequences.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. In fact, there was a dispute between the petitioners and the defacto complainant. Therefore, this case has been foisted against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) opposes for grant of anticipatory bail on the ground that the first petitioner is having one previous case and the second petitioner is having two previous cases. However, he fairly submits that no one has been injured in the alleged occurrence.
5. Considering the nature of offence and also considering the fact that no one has been injured in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a 2/4
period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli. (ii) The petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them 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 petitioners, 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.
OGY 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, MANNUR POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.PRAVEENKUMAR, Advocate ( SR-6574[I] dated 18/06/2024 )
ORDER
IN CRL OP(MD) No.8627 of 2024 Date :13/06/2024 RS/VR/SAR-(24.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4