Nallu @ Nallusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Nallu @ Nallusamy ... Petitioner/Accused No.5 Vs The Inspector of Police, Woraiyur Police Station Trichy.

Crime No.2432/2023 ... Respondent/Complainant For Petitioner :

Mr.A.Vadivel, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PRAYER :- For Anticipatory Bail in Crime No.2432/2023 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 the case in Crime No.2432 of 2023 for the offence under Sections 294 (b), 302 I.P.C @ Sections 147, 148, 120(B), 294 (b) and 302 I.P.C., has filed this petition, seeking anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute, the petitioner and other accused abused the brother of the defacto complainant by using filthy 1/4

language and attacked him with pattakathi and Aruval, due to which, he died.

3. The learned counsel appearing for the petitioner submits that the petitioner are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioner was already arrested and got statutory bail by the trial Court on 31.01.202024 and due to some threat, he could not able to appear before the respondent police and hence the respondent police has moved the cancellation of bail application and the same was allowed. Hence, he approached this Court to file this application.

4. The learned Additional Public Prosecutor appearing for the respondent submits that after completing the investigation, the final report filed and the same was taken on file as P.R.C.No.25 of 2024, on the file of the Judicial Magistrate No.IV, Trichy.

5. Considering the facts and circumstances of the case, nature of offence and considering the fact that the petitioner are not having any previous case, this Court is 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 concerned learned Judicial Magistrate, on condition that; 2/4

(i) the petitioner execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand), with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate IV, Trichy;

(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 Judicial Magistrate IV, Trichy, as and when required by the trial Court. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to them 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/- 05/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, WORAIYUR POLICE STATION, TRICHY. 3/4

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

+1 CC to M/s.A.VADIVEL, Advocate ( SR-7479[I] dated 05/07/2024 )

ORDER

IN CRL OP(MD) No.9967 of 2024 Date :05/07/2024 RS/JGB/SAR-(16.07.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4