Ashok v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI ASHOK ... PETITIONERS/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

CR.NO.346/2024 ... RESPONDENT/COMPLAINANT For Petitioner :

M/S.S.MADHAN KUMAR, Advocate For Respondent :

MR.M.SAKTHI KUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.346/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and (*)506(ii) IPC in Cr.No.346 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused persons tried to encroach the 1/4

property of the defacto complainant. When the same was questioned by the defacto complainant, the accused persons attacked him by using deadly weapons. 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.

4.The learned Government Advocate(Crl.side) for the respondent 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. Now, the injured person has been discharged from the hospital.

5.Considering the facts and circumstances of this case and also considering that the injured person has been discharged from the hospital, 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 learned Judicial Magistrate, Melur, Madurai District on condition that 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, Melur, Madurai District and on further conditions that: 2/4

i. 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.

ii. The petitioner shall appear before the respondent police daily at 10.30 am until further orders. He has to co-operate for the investigation. iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. iv. 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/- 12/07/2024 (*)Amended as per order of the Court dated 22/08/2024 in CRL MP(MD)No.8533 of 2024 in CRL OP(MD)No.10301 of 2024.

/ TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO TO BE SUBSTITUTED WITH THE ORDER DATED 12/07/2024 ALREADY DESPATCHED.

1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3/4

3 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1CC TO Mr.J.MOHAMED IBRAHIM, ADVOCATE in SR.No.10356 DATED 23/08/2024

ORDER

IN Date :12/07/2024 RS/VR/SAR-(24.07.2024) 4P 5C LS SS/GS/SAR- /24/08/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4