Ganeshamoorthy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ganeshamoorthy ... Petitioner/Sole Accused
Versus
State through The Inspector of Police, Thiruvonam Police Station, Thanjavur District.
(Crime No.155 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Alagumani 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.155 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.155 of 2024, for the offence under Sections 294(b), 324 and 506(ii) IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to civil dispute, on 25.05.2024, the petitioner abused the defacto complainant in filthy language and also assaulted the 1/4
defacto complainant and caused injury. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the alleged occurrence had taken place on 25.05.2024, but, the case has been registered only on 07.06.2024. He further submits that it is a case in counter. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) opposes for grant of anticipatory bail by stating that on earlier occasion, due to civil dispute, there was a quarrel between the petitioner and the defacto complainant and on account of that, the petitioner assaulted the defacto complainant, for which, a case has been registered against the petitioner in Cr.No.117 of 2022. Again, the petitioner has assaulted the defacto complaint, for which, the present case has been registered against the petitioner. He further submits that the injured has been discharged from the hospital.
5. Considering the nature of allegations, the manner in which, the present case has been registered after 12 days and also considering the fact that the injured has already been discharged from the hospital, 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 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 on condition that (i) 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, Orathanadu.
(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 at 10.30 a.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/- 20/06/2024 / 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, ORATHANADU.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE THIRUVONAM POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-6865[I] dated 24/06/2024 )
ORDER
IN CRL OP(MD) No.8991 of 2024 Date :20/06/2024 SS/JGB/SAR- /26/06/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4