Thathuraj v. The Sub 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 Thathuraj ... Petitioner/Accused Vs The Sub Inspector of Police, Cumbum South Police Station, Theni District.

Crime No. 127/2024.

... Respondent/Complainant For Petitioner : M/s. Raja.M.A.M, 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. 127 of 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 294(b), 342, 323, 324 and 506(ii) of IPC in Crime No.127 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the Manager of the Thathappan Marriage Hall. The defaco complainant is the decorator of the same Marriage Hall. When the defacto complainant went to the above marriage hall for removing the decoration made by him, the petitioner has assaulted the defacto complainant by using paper weight. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that there is a case and counter case. On the complaint given by the petitioner, a case in Crime No.128 of 2024 has been registered as against the defacto complainant for the offences punishable under Sections 294(b), 448, 323, 506(ii) of IPC. 4.The learned Additional Public Prosecutor appearing for the respondent submits that there is a case and counter case. He further submits that anticipatory bail has been granted by the Court below for the defacto complainant in Crime No.127 of 2024.

5.Considering the facts and circumstances of the case and also the fact that the accused in the counter case has been granted with anticipatory bail, this Court is 2/5

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 period of fifteen days from the date of receipt of a copy of this order, before (*)the Judicial Magistrate Court, Uthamapalayam, Theni District 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 (*)Judicial Magistrate Court, Uthamapalayam, Theni District 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 appear before the respondent police daily at 10.30 a.m until further orders and he has to co-operate for interrogation. 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 (*)AMENDED AS PER ORDER OF THE COURT DATED 12/07/2024 IN CRL MP(MD).7010 OF 2024 IN CRL OP(MD)No.9268 of 2024.

/ TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO TO BE SUBSTITUTED WITH THE ORDER DATED 25/06/2024 ALREADY DESPATCHED THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

THE JUDICIAL MAGISTRATE, MELUR.

4/5

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

THE SUB INSPECTOR OF POLICE CUMBUM SOUTH POLICE STATION, THENI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9268 of 2024 Date :25/06/2024 PKP/GS/SAR /03.07.2024/ 5P/ 5C TRP SS/VR/SAR- /18/07/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5