A Jeyaprakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI A Jeyaprakash, ... Petitioner/Accused Vs The Inspector of Police, Kodaikanal Police Station, Dindigul, Crime No.210/2024..

... Respondent/Complainant For Petitioner : M/S.M.Ulagammal,Advocate.

For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.210/2024 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 the case in Crime No.210 of 2024 for the offence under Section 294(b), 323, 324 and 506 (ii) I.P.C., has filed this petition, seeking anticipatory bail.

2. The case of the prosecution is that due to boundary dispute between the 1/4

parties, the petitioner and other accused abused the defacto complainant by using filthy language, attacked him with wooden log and also threatened with dire consequences.

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 there are four accused in this case and the petitioner is arrayed as A1. It is a case in counter. The investigation is yet to be completed and the injured is still in hospital. However, he fairly submits that the petitioner is not having any previous case.

5. The learned counsel for the petitioner disputed the same and submitted that the injured has been discharged from the hospital.

6. Considering the facts and circumstances of the case, nature of offence and considering the fact that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner.

7. 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 period of fifteen days from the date of receipt of a copy of this order, before the 2/4

concerned 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 No.II, Kodaikanal, Dindigul District; (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 am 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/- 24/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE JUDICIAL MAGISTRATE NO.II KODAIKANAL, DINDIGUL DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, DINDIGUL, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.CHELLAPANDIAN, Advocate ( SR-6840[I] dated 24/06/2024 )

ORDER

IN CRL OP(MD) No.9203 of 2024 Date :24/06/2024 PKP/GS/SAR /02.07.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4