Vijayaragavan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vijayaragavan, ... Petitioner/Accused No.2 Vs The Inspector of Police, Jeyamangalam Police Station, Theni District Crime No.117/2024.
... Respondent/Complainant For Petitioner : M/s.Praveenkumar.P,Advocate.
For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.117/2024 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 1/5
the alleged offence punishable under Sections 147, 432, 294(b), 323, 324 and 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.117 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioner has closed the drainage, on account of which, a quarrel arose between the petitioner and the neighbours and they assaulted the defacto complainant's daughter and also abused her.
3.The learned counsel appearing for the petitioner submits that he has advised the petitioner not to involved in such activities in future. The petitioner has also filed an undertaking affidavit before this Court stating that he will not indulge in such type of activities in future.
4.The learned Additional Public Prosecutor for the respondent strongly opposes for the grant of anticipatory bail on the ground that the investigation is yet to be completed.
5.Considering the nature of offence and also considering the undertaking given by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 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 2/5
period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam, 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 Magistrate concerned 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 file an undertaking affidavit before the respondent police that he will not indulge in any such offence in future. Further, the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.
iii. 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. 3/5
iv. 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/- 25/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO THE JUDICIAL MAGISTRATE, PERIYAKULAM.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
THE INSPECTOR OF POLICE JEYAMANGALAM POLICE STATION, THENI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.P.PRAVEENKUMAR, Advocate ( SR-7007[I] dated 26/06/2024 )
ORDER
IN CRL OP(MD) No.9208 of 2024 Date :25/06/2024 PKP/VR/SAR /10.07.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5