Puroshkan 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.Puroshkan 2.Mansoor Raja ... Petitioners/Petitioners/Accused Nos. 1 & 2 Vs The Inspector of Police, Puthanatham Police Station, Trichy District.

(Crime No.98 of 2024) ... Respondent/Respondent/Complainant For Petitioners : Mr.M.Pitchai Muthu,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.98/2024 on the file of the Respondent Police. 1/5

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 and 353 IPC r/w Section 3(1) TNPPDL Act, 1992 in Cr.No.98 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the accused went to the respondent Police Station for an enquiry. At that time, the accused have quarrelled with one Mohammed Dhaha and damaged the computer monitor in the respondent Police Station.

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 Government Advocate(Crl.side) appearing for the respondent Police submits that this is the second petition for anticipatory bail. The earlier petition was dismissed on the ground that the first petitioner is having one previous case and the second petition is having 12 previous cases and they have also damaged the computer monitor of the respondent Police Station. 5.The learned counsel appearing for the petitioners submits that in order to 2/5

show their bona fide, they are ready and willing to deposit a sum of Rs.5,000/- to the respondent Police Station.

6.Considering the facts and circumstances of the case and also considering the willingness of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

7.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 learned Judicial Magistrate, Manapparai, Trichy District 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, Manapparai, Trichy District 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.

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. As per the willingness expressed by the petitioners, they shall deposit a sum of Rs.5,000/-(Rupees Five Thousand only) in favour of the 3/5

respondent Police Station, which has to be used for the purpose of purchasing computer monitor.

iv. 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. v. 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 (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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THE INSPECTOR OF POLICE PUTHANATHAM POLICE STATION, TRICHY DISTRICT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10283 of 2024 Date :12/07/2024 PKP/JGB/SAR /23.07.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5