Kaleeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kaleeswaran ... Petitioner/Accused No.1 Vs The Inspector of Police, SIPCOT Police Station Sivagangai District.

Crime No.70/2024.

... Respondent/Complainant For Petitioner : Mr.K.Sathish Kumar, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.70/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in 1/5

connection with a case in Crime No.70 of 2024, for the offence punishable under Sections 294(b), 323, 506(ii) and 109 IPC, has filed this petition seeking anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused assaulted the defacto complainant with a wooden log. Hence, the complaint.

3.Considering the antecedent as against the petitioner, the earlier petition filed by the petitioner seeking the very same relief was dismissed on 19.07.2024.

4. The learned counsel appearing for the petitioner renewed the application on the ground that out of sixteen cases registered as against the petitioner, nine cases are pertaining to Section 101 Cr.P.C proceedings.

5. The learned counsel appearing for the petitioner further submits that the petitioner has not committed any offence in his previous case and he will prove his innocence. In order to show his bonafide, the Village Panchayat President one Panjavaram has given an undertaking affidavit for the petitioner stating that the petitioner will not indulge in any offence and the petitioner has also filed the same before the respondent police. Apart from the assurance, the Panchayat President has also given certificate to the petitioner that the petitioner is an innocent and she will ensure that the petitioner is not involving in any further offence. Hence, he prays for 2/5

grant of anticipatory bail to the petitioner. 6.Considering the fact that the respondent police has not secured the petitioner even after the earlier orders of this Court and the assurance now given by the petitioner by filing an affidavit, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his 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 petitioner shall execute a bond with surety/Mrs.T.Panjavaram, Village Panchayat President, Sirukudi Village Panchayat and she shall execute surety for a sum of Rs.1,00,000 (Rupees One Lakh) for a like sum to the satisfaction of the learned Judicial Magistrate, Manamadurai.

(ii) The petitioner 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; (iii) The petitioner shall appear before the respondent police daily at 10.30 am until further orders for interrogation. He has to co-operate for the investigation. The petitioner shall file an affidavit of undertaking that he will not indulge in any offence in further before the respondent police.

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(iv)Mrs.T.Panjavaram, Village Panchayat President, Sirukudi Village Panchayat, shall also appear before the respondent police and file an affidavit undertaking that she will ensure that the petitioner is not involving in any further offence.

(v) The petitioner shall not misuse the liberty granted to him 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 petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 08/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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3 THE INSPECTOR OF POLICE SIPCOT POLICE STATION SIVAGANGAI DISTRICT.

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

COPY TO MRS. T. PANJAVARNAM, VILLAGE PANCHAYAT PRESIDENT, SIRUKUDI VILLAGE PANCHAYAT, SIVAGANGAI DISTRICT.

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-9717[I] dated 09/08/2024 )

ORDER

IN CRL OP(MD) No.12782 of 2024 Date :08/08/2024 PSP/VR/SAR /27.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5