Vigneshwar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vigneshwar ... Petitioner/Sole Accused Vs The Inspector of Police, Kodaikkanal Police Station, Dindigul District.

Cr No.209/2024.

... Respondent/Complainant For Petitioner : M/s.Jainul Abudheen.A,Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.209/2024 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 a case in Crime No.209 of 2024, for the offence punishable under 1/4

Sections 294(b), 323, 324, 354, 379 and 506(i) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute, the petitioner has assaulted the defacto complainant and caused injuries to her. 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 petitioner and the defacto complainant loved each other and got married. After some time, they went to Kodaikkanal and there was a problem between them. Therefore, the petitioner has assaulted her, taken all her belongings and left the place of occurrence. He further submits that no previous case is pending as against the petitioner.

5. Considering the facts and circumstances of the case and relationship of the parties also considering the antecedent of 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 2/4

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.II, Kodaikkanal, Dindugal 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 as and when required 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. (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/- 28/06/2024 / 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 NO.II KODAIKKANAL, DINDIGUL DISTRICT.

3/4

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3 THE INSPECTOR OF POLICE KODAIKKANAL POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.A.JAINUL ABUDHEEN, Advocate ( SR-7229[I] dated 02/07/2024 )

ORDER

IN CRL OP(MD) No.9531 of 2024 Date :28/06/2024 PKP/JGB/SAR /05.07.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4