Sharukkhaan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sharukkhaan, ... Petitioner/Accused No.2 Vs The Inspector of Police, Jeeyapuram Police Station, Trichy District.

Cime No. 180/2024.

... Respondent/Complainant For Petitioner : R.Alagia Nambi, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 180 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 332, 353, 307 and 506(ii) IPC in Cr.No.180 of 2024 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that when the respondent police was in ususal rounds, the petitioner herein and other accused have attacked them. Hence, the complaint.

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3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. 4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital and the investigation of the case is pending. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, 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 No.

III, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the Inspector of Police, Karur Town Police Station daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S.-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE III, TIRUCHIRAPALLI DISTRICT, 2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY CITY, TIRUCHIRAPPALLI DISTRICT.

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

COPY TO

1. THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR.

ORDER

IN CRL OP(MD) No.11479 of 2024 Date :25/07/2024 PSP/VR/SAR /02.08.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4