T. Shankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.T.Shankar 2.M.Piramuselvam ... Petitioner/Accused No.1 & 2 Vs The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.
(Crime No.347 of 2024) ... Respondent/Complainant For Petitioners :
Mr.N.Marimuthu, 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.347/2024 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 294(b), 324, 506(ii) IPC r/w Section 4 of TNPHW Act in Cr.No.347 of 2024 on the file of the respondent police, seek anticipatory bail.
1/4
2.The case of the prosecution is that the defacto complainant's son borrowed a sum of Rs.10,000/- by pledging his two wheeler, from the first petitioner and failed to repay the amount. When the petitioners questioned about the repayment, there was a wordy quarrel between the parties, in which, the petitioners abused the defacto complainant and her son in filthy language and also attacked them. 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 the first petitioner is having previous cases and the injured person has already been discharged from the hospital. 5.Considering the facts and circumstances of the case and considering that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. The respondent police is directed to find out as to whether the petitioners herein are indulging in collecting exorbitant interest and to take appropriate action to file the final report in time. 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 2/4
Judicial Magistrate Court No.I, Tirunelveli 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 Judicial Magistrate Court No.I, Tirunelveli 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. 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/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
gns 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10221 of 2024 Date :10/07/2024 RS/VR/SAR-(23.07.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4