Kumar @ 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. Kumar @ Muthukumar
2. Nagu ... Petitioners/Accused No.3 & 4 Vs The Inspector of Police, Salaigramam Police Station, Sivagangai District Crime No.54/2024.
... Respondent/Complainant For Petitioners : M/s.Yasar Arafath, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.54/2024 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 the case in Crime No.54 of 2024 for the offence under Sections 341, 1/5
294 (b), 323, 324 and 506(ii) I.P.C, have filed this petition, seeking anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused abused the defacto complainant in filthy language and also attacked him with wooden log.
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.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the victim has sustained grievous injuries and was taking treatment for more than a month. A1 in this case was already arrested and released on bail. The investigation is yet to be completed.
5. Considering the nature of offence, the overt act against the petitioners that they have accompanied with the other accused and the main accused/A1 already was released on bail, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners 2/5
are ordered to be released on bail in the event of arrest or on their 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 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 Judicial Magistrate, Ilayangudi, Sivagangai District; (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 am for a period of two weeks and thereafter shall appear as and when required by the respondent police. He has 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. 3/5
(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 (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO
1. THE JUDICIAL MAGISTRATE, ILAYANGUDI, SIVAGANGAI DISTRICT; 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
3.THE INSPECTOR OF POLICE, SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8681 of 2024 Date :13/06/2024 4/5
RK/VR(27/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5