Sivanesan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Sivanesan ... Petitioner/Accused Rank No.11 Vs The Inspector of Police, Vathalai Police Station, Tiruchirapalli District.

Crime No. 83/2024.

... Respondent/Complainant For Petitioner :

Mr.V.S.Ariharasudhan, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 of BNSS (Sec.438 of Cr.P.C) PRAYER :- For Anticipatory Bail in Crime No. 83 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 324, 506(ii) and 427 of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 1/4

in Crime No.83 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel between the petitioner along with other accused and the defacto complainant, in which, the petitioner abused the defaco complainant and his wife in filthy language and also attacked them with iron rod and caused injuries. 3.Considering the nature of allegations and considering the condition of the injured at that relevant point of time, the earlier application filed by the petitioner was dismissed. Now, the petitioner has moved this application that the injured has been discharged from the hospital.

4.Considering the subsequent development that the injured has been discharged from the hospital, this criminal original petition is allowed and 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 Judicial Magistrate Court, Musiri, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy and on further conditions that: i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by 2/4

the Government in proof of their residence address; ii. The petitioner shall appear before the respondent police daily twice at 10.30 a.m and 5.30 p.m, unitl further orders. iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

iv. 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/- 09/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, VATHALAI POLICE STATION, TIRUCHIRAPALLI DISTRICT.

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

+1 CC to M/s.V.S.ARIHARA SUDHAN, Advocate ( SR-11097[I] dated 10/09/2024 )

ORDER

IN CRL OP(MD) No.14966 of 2024 Date :09/09/2024 RS/SG/SAR-(13.09.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4