Dhivagar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Dhivagar,
2. Subash, ... Petitioners/Accused Rank Not Known Vs The Inspector of Police, Musiri Police Station Trichy, Trichy District.
Cr No.173/2024.
... Respondent/Complainant For petitioners : Mr. C.Suresh Kannan,Advocate. For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 of BNSS PRAYER :- For Anticipatory Bail in Cr No.173/2024 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 294(b), 323, 324 and 506(ii) IPC in Cr.No.173 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 defacto complainant's shop and enquired about the theft of the electric motor. At that time, wordy quarrel arose between them and the accused attacked the defacto complainant with hands.
3.The learned counsel appearing for the petitioners submits that the petitioners is an innocent person and he is working as Revenue Inspector and he has been falsely implicated in this case. He further submits that A2 in this case was arrested and released by the learned Judicial Magistrate, Musiri vide order dated 06.07.2024 in Cr.M.P.No.2608 of 2024. A1 in this case was already granted anticipatory bail by this Court in Crl.O.P.(MD)No.10185 of 2024 on 10.07.2024. 4.The learned Government Advocate(Crl.side) for the respondent submits that 2/5
the investigation is yet to be completed and he strongly opposed for grant of anticipatory bail.
5.Considering the facts and circumstances of this case and also considering that the co-accused was arrested and released by the Court below and released on anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners. 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 Judicial Magistrate, Musiri, Trichy District, on condition that 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 Judicial Magistrate, Musiri, 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 on every 3/5
Sunday 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/- 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.
LS TO THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
THE INSPECTOR OF POLICE MUSIRI POLICE STATION TRICHY TRICHY DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-7862[I] dated 12/07/2024 )
ORDER
IN CRL OP(MD) No.10447 of 2024 Date :12/07/2024 PKP/GS/SAR /29.07.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5