Dhaheerarsath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Dhaheerarsath ... Petitioner/Accused No.1 Vs The Inspector of Police, South Gate Police Station, Madurai District Crime No.177/2024.

... Respondent/Complainant For Petitioner : M/s.PNSSM.Ammaar, 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.177/2024 on the file of the respondent police 1/5

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.177 of 2024, for the offence punishable under Sections 341, 294(b), 323, 379 and 506(i) IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that on 20.06.2024, the accused have waylaid the defacto complainant, abused him using filthy language, attacked him with hand, caused injuries to him and also snatched away a sum of Rs.6,500/- from him. Hence, the case.

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

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured is still in hospital. He further submits that the said amount was recovered from the place of occurrence itself and it has not been stolen. 2/5

5. Considering the facts and circumstances of the case and also considering the fact that the amount has been recovered from the accused, 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 his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) 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, No.IV, Madurai 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 for interrogation. 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 3/5

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/- 26/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO

1. THE JUDICIAL MAGISTRATE, NO.IV, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, SOUTH GATE POLICE STATION, MADURAI DISTRICT

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

+1 CC to M/s.PNSSM.AMMAAR, Advocate ( SR-6953[I] dated 26/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.9309 of 2024 Date :26/06/2024 RK/JGB (03/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5