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Madras High CourtCRL OP(MD)/9215/2024ordered

Naveenkumar v. The Inspector Of Police

2024-06-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Naveenkumar 2.Selvakumar 3.Latha 4.Swetha

5. Parthiban ... Petitioners/Accused 1 to 5

Versus

State rep. by The Inspector of Police, Samayapuram Police Station, Trichy District.

(Crime No.183 of 2024) ... Respondent/Complainant For Petitioners : Mr.Lenin Kumar, Advocate For Respondent : Mr.Sakthi Kumar Government Advocate (Crl. Side) 1/4

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.183 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.183 of 2024, for the offence punishable under Sections 147, 294(b), 323, 324, 506(ii) IPC, and Section 4 of TNPHW Act, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainants are neighbours. Due to previous enmity, the petitioners have abused the defacto complainant in filthy language, snatched her chain and also assaulted the defacto complainant's son with a wooden log on his head and caused injury. Hence, the case.

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. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to 2/4

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 their arrest or on their appearance within a 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.III, Trichy. (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 1st and 2nd petitioners shall appear before the respondent police twice in a week at 10.30 a.m., and the 3rd and 4th petitioners shall appear before the respondent police once in a week 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, 3/4

the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 24/06/2024 / TRUE COPY / 05/07/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.LENINKUMAR, Advocate ( SR-6935[I] dated 25/06/2024 ) ORDER IN CRL OP(MD) No.9215 of 2024 Date :24/06/2024 SA/GS/SAR. /10.07.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4