Sasikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Sasikumar 2.Archanadevi 3.Ramar 4.Aathi @ Muthu Ashokkumar 5.Jayakumar @ Jayakumar Karuppaiya 6.Sonaimuthu ... Petitioners/ Accused Rank not known Vs The Inspector of Police, Kadamalaikundu Police Station, Theni District.

(Crime No.190 of 2024) ... Respondent/Complainant For Petitioners : Mr.P.Praveenkumar, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5

PRAYER :- For Anticipatory Bail in Crime No.190/2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 448, 294(b), 323, 324 and 506 (ii) IPC altered into Sections 147, 148, 448, 294(b), 323, 324, 307 and 506(ii) IPC in Cr.No.190 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the accused persons assaulted the defacto complainant with iron rod and wooden log. 3.The learned counsel appearing for the petitioners submits that the petitioners are innocents persons and they did not commit any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor appearing for the respondent Police submits that this is the second petition for anticipatory bail and the earlier petition was dismissed on the ground that the injured person was taking treatment in the 2/5

hospital. Further, he submits that now the injured person has been discharged from the hospital.

5.Considering the facts and circumstances of the case and considering that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Aundipatti on condition that the petitioners 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, Aundipatti and on further conditions that:

i. The petitioners 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.

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ii. The petitioners shall appear before the respondent police daily at 10.30 am until further orders. They have to co-operate for the investigation. iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well. iv. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 12/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS-I/ II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1.THE JUDICIAL MAGISTRATE, AUNDIPATTI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.

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3.THE INSPECTOR OF POLICE, KADAMALAIKUNDU POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.P.PRAVEEN KUMAR, Advocate ( SR-8008[I] dated 16/07/2024 )

ORDER

IN CRL OP(MD) No.10060 of 2024 Date :12/07/2024 RK/JGB (22/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5