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  5. April

Anand vs. the Inspector of Police

Decided on 30 April 2024• Citation: CRL OP(MD)/6765/2024• Madras High Court
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                                                              CRL OP(MD). No.6765 of 2024
               BEFORE  THE  MADURAI   BENCH  OF  MADRAS   HIGH COURT              
                                 ( Criminal Jurisdiction )                        
                                   Date : 30/04/2024                              
                                       PRESENT                                    
                         The Hon`ble Mr.Justice B.PUGALENDHI                      
                              CRL OP(MD).  No.6765 of 2024                        
      1. Anand,                                                                   
      2. Muruga @ Murugan,                     ... Petitioners/Accused Nos. 1 & 3 
                                               Vs                                 
      The Inspector of Police,                                                    
      Kallakudi Police Station,                                                   
      Trichy District.                                                            
      Cr.No.65/2024.                           ... Respondent/Complainant         
                      For Petitioners : M/s.Lenin Kumar.T, Advocate.              
                      For Respondent : Mr.P.Kottai Chamy,                         
                                     Government Advocate (Crl.Side)               
                PETITION FOR  ANTICIPATORY   BAIL Under Sec. 438 Cr.P.C.          
      PRAYER   :-                                                                 
           For Anticipatory Bail in Crime No. 65/2024 on the file of the respondent
      police.                                                                     
      ORDER   : The Court made the following order :-                             
           The petitioners, apprehending arrest at the hands of the respondent police in
      connection with the case in Crime No.65 of 2024 for the offence under Sections 294(b),
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                                                              CRL OP(MD). No.6765 of 2024
      323, 324 and 506(ii) I.P.C., have filed this petition, seeking anticipatory bail.
           2. The case of the prosecution is that due to previous enmity, the petitioners
      abused  the defacto complainant by using filthy language, attacked the defacto
      complainant and also threatened with dire consequences.                     
           3. The learned counsel appearing for the petitioners submits that the petitioners
      are innocent persons and they have not committed any offence as alleged by the
      prosecution.                                                                
           4. The learned Government Advocate (Crl. Side) appearing for the respondent
      submits that the investigation is yet to be completed. However, he fairly submits that
      the first petitioner is having two previous cases and the second petitioner is not
      having any previous case and the injured has been discharged from the hospital.
           5. Considering the facts and circumstances of the case, nature of offence and
      considering the fact that injured was discharged from the hospital, 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
      concerned learned Judicial Magistrate, on condition that:                   
           (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five
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                                                              CRL OP(MD). No.6765 of 2024
      Thousand), each with two sureties each, for a like sum to the satisfaction of the
      Judicial Magistrate, Lalgudi;                                               
           (ii) 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;                                                                    
           (iii) The first petitioner shall appear before the respondent police daily at 10.30
      a.m, until further order and the second petitioner shall appear before the respondent
      police as and when required by the respondent police. They have to co-operate for
      the investigation.                                                          
           (iv) The petitioners shall not misuse the liberty granted to them by indulging in
      any further offence and shall not tamper with the prosecution witnesses.    
           (v) 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/-                           
                                                  30/04/2024                      
                               / TRUE COPY  /                                     
                                                         /05/2024                 
                                                  Sub-Assistant Registrar         
                                                   (C.S.I /II /III /IV )          
                                             Madurai Bench of Madras High Court,  
                                                    Madurai - 625 023.            
      LS                                                                          
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                                                              CRL OP(MD). No.6765 of 2024
      TO                                                                          
      1    THE  JUDICIAL MAGISTRATE,                                              
           LALGUDI                                                                
      2    DO  THROUGH:                                                           
           THE  CHIEF JUDICIAL  MAGISTRATE,                                       
           TRICHY  DISTRICT.                                                      
      3    THE  INSPECTOR  OF POLICE                                              
           KALLAKUDI    POLICE STATION,                                           
           TRICHY  DISTRICT.                                                      
      4    THE  ADDITIONAL   PUBLIC  PROSECUTOR,                                  
           MADURAI    BENCH  OF MADRAS   HIGH  COURT,  MADURAI.                   
      +1 CC to M/s.T.LENIN KUMAR,   Advocate ( SR-5284[I] dated 02/05/2024 )      
                                                                         ORDER    
                                                                              IN  
                                                      CRL OP(MD)  No.6765 of 2024 
                                                                Date :30/04/2024  
      PKP/JGB/SAR      /08.05.2024/ 4P/ 6C                                        
      Madurai Bench of Madras High Court is issuing certified                     
       copies in this format from 17/07/2023                                      
  https://www.mhc.tn.gov.in/judis                                                 
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