Daniel Raj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI DANIEL RAJ ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE KALAKKAD POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.313 OF 2024) ... RESPONDENT/COMPLAINANT For Petitioner :
MR.B.CHARMURUGAN, Advocate for M/S.CHARMURUGAN LAW ASSOCIATES For Respondent :
MR.P.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.313 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 a case in Crime No.313 of 2024, for the offence punishable under Sections 294(b), 352, 353 and 506(ii) IPC, has filed this petition seeking anticipatory bail.
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2.The case of the prosecution is that on 05.06.2024 at about 08.30 p.m., when the defacto complainant and other person were going to Kalakadu Talaiyanai in the four wheeler, three people were sitting in the middle of the road with their two wheeler in a place owned by the Forest Department. When the same was questioned by the defacto complainant, the petitioner abused him in filthy language, slapped the defacto complainant with his hand and threatened him with dire consequences. Hence, the case.
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. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner and the other person consumed liquor in the forest area. When the same was questioned by the defacto complainant, the petitioner abused the defact complainant in filthy language and slapped the defacto complainant with his hand.
5.Considering the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his 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, Nanguneri, on condition that (i) the petitioner 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, Nanguneri.
(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; (iii) The petitioner shall appear before the respondent police daily morning at 10.30 a.m., and evening at 04.30 p.m., until further orders. He has to co-operate for the investigation.
(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. (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/- 18/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, KALAKKAD POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.CHARMURUGAN LAW ASSOCIATES, Advocate ( SR-6638[I] dated 19/06/2024 )
ORDER
IN Date :18/06/2024 RS/VR/SAR-(28.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4