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Madras High Court/10480/2024ordered

Perumal v. The Inspector Of Police

2024-07-19Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Perumal

2. Karan ... Petitioners/Accused Nos. 1 & 2 Vs The Inspector of Police, Batlagundu Police Station, Dindigul District.

Cr.No.253/2024.

... Respondent/Complainant For Petitioner : Mr.Arihara Sudhan V.S,Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.253/2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.253 of 2024, for the offence punishable under Sections 341, 294(b), 324 and 506(ii) IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the accused have attacked the defacto complaint using iron rod and cuased injuries. Hence, the case. 3.When the earlier application was taken up for hearing, considering the nature of injury and the condition of the victim, that petition was dismissed.

4. The learned counsel appearing on either side submit that now the victim has been discharged from the hospital.

5.The learned Counsel appearing for the petitioners submits that to show their bonafide, the petitioners are prepared to pay a sum of Rs.20,000/- to the credit of the Crime No.253 of 2024, pending before the respondent police. Hence, he prays for 2/5

grant of anticipatory bail to the petitioners.

6. Considering the undertaking given by the petitioners and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their 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 (i) the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai, Dindigul District. (ii) The petitioners shall deposit a sum of Rs.20,000/- to the credit of the Crime No.253 of 2024, pending before the respondent police. (iii) 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;

(iv) The petitioners shall appear before the respondent police as and when 3/5

required for interrogation. They have to co-operate for the investigation. (v) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (vi) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. 8.The respondent police shall intimate the defacto complainant, enabling him to withdraw the amount to be deposited by the petitioner. In the event if the defacto complainant has not come forward to withdraw the amount, the said amount shall be disbursed at the time of disposal of case.

sd/- 19/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO THE JUDICIAL MAGISTRATE NILAKOTTAI, DINDIGUL DISTRICT.

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DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.V.S.ARIHARA SUDHAN, Advocate ( SR-8120[I] dated 19/07/2024 )

ORDER

IN CRL OP(MD) No.10480 of 2024 Date :19/07/2024 PKP/JGB/SAR /26.07.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5