Madras High CourtCRL OP(MD)/9462/2024ordered

Suriya @ Manikandan v. The Sub Inspector Of Police

2024-06-27Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Suriya @ Manikandan ... Petitioner/2nd Accused Vs The Sub Inspector of Police, Ayakudi Police Station Dindigul District.

Cr No.94/2024.

... Respondent/Complainant For Petitioner : Mr.D.Venkatesh, 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.94/2024 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 1/5

connection with a case in Crime No.94 of 2024, for the offence punishable under Sections 294(b), 341, 324 and 307 IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to family dispute, the accused have abused the defacto complainant using filthy language, assaulted him using sickle and caused several cut injuries. Hence, the case.

3. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the first accused and the defacto complainant are husband and wife. Due to misunderstanding, for the past four years, they are living separately. Assuming that the defacto complainant's maternal uncle/victim is the reason for their separation, the first accused has assaulted him. He further submits that the victim has taken treatment in the hospital for nearly fifty seven days.

4. The learned counsel appearing for the petitioner submits that without prejudice to the defence, he also advised the petitioner to deposit a sum of Rs.50,000/- to the Crime No.94/2024, on the file of the respondent police. He further submits that in order to show his bonafide, the petitioner is also ready to pay the said amount. Hence, he prays for grant of anticipatory bail to the petitioner 2/5

5. Considering the facts and circumstances of the case and also considering the submission made by the learned counsel appearing for the petitioner, 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, Palani.

(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 witnesses. 3/5

(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. (vi) the petitioner shall deposit a sum of Rs.50,000/- to the credit of the Crime N0.94/2024, pending before the respondent police. 7.The respondent police is directed to intimate the victim to file necessary application and withdraw the said amount. In the event the victim is not withdrawing the said amount, the same shall be decided by the trial Court concerned in conclusion of trial either under Section 357 or Section 452 Cr.P.C. sd/- 27/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE PALANI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 4/5

3 THE SUB INSPECTOR OF POLICE AYAKUDI POLICE STATION DINDIGUL DISTRICT.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-7149[I] dated 28/06/2024 )

ORDER

IN CRL OP(MD) No.9462 of 2024 Date :27/06/2024 SS/GS/SAR- /05/07/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5