Michael Raj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Michael Raj ... Petitioner/Accused No.2 Vs The Inspector of Police, Lalgudi Police Station, Trichy District.
Crime No. 317/2024.
... Respondent/Complainant For Petitioner :
M/s.A.Arun Prasad, 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.317 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner / A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(ii) and 109 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.317 of 2024, seeks anticipatory bail.
2.The case of the prosecution is that due to matrimonial dispute between the parties, on 25.10.2022 at about 11.00 a.m, the petitioner and other accused said to have abused the defacto complainant in filthy language and assaulted her with 1/4
hands and caused injury. Hence, the complaint. 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. He would further submit that the injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that totally there are four accused and the petitioners is arrayed as A2. It is a case and case in counter and the injured was discharge from the hospital. However, the investigation is still pending. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Lalgudi, on condition that the petitioner shall execute a bond for a sum of Rs.
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily 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/- 02/08/2024 / 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, LALGUDI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12572 of 2024 Date :02/08/2024 RS/GS/SAR-(23.08.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4