CRL OP(MD) No.4933 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL OP(MD) No.4933 of 2024
RASUKUTTY @ MURUGARAJ ... PETITIONER / ACCUSED 7
Vs
THE SUB INSPECTOR OF POLICE
VASUDEVANALLUR POLICE STATION,
TENKASI DISTRICT.
CR.NO.59/2024 ... RESPONDENT / COMPLAINANT
For Petitioner : M/S.SUSI KUMAR.C Advocate
For Respondent : Mr.S.MANIKANDAN,
Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO. 59/2024 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), 323, 324, 307 and 506
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CRL OP(MD) No.4933 of 2024
(ii) IPC in Crime No.59 of 2024, seeks anticipatory bail.
2.The case of the prosecution is that there was a pathway dispute between the
parties, due to which, the petitioner and other accused abused the defacto complainat
in filthy language and also attacked him. Hence, the case.
3.The learned counsel appearing for the petitioner would submit that the
petitioner is an innocent and he has not committed any offence as alleged by the
prosecution.
4.The learned Government Advocate (Crl.Side) appearing for the respondent
Police would submit that the injured person has already been discharged from the
hospital.
5.Considering the facts and circumstances of the case and also considering the
fact that the injured person has already been 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 District Munsif cum Judicial Magistrate,
Sivagiri on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction
of the respondent police or the police officer who intends to arrest or to the
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CRL OP(MD) No.4933 of 2024
satisfaction of the learned Magistrate concerned and on further condition that:
(a)if the petitioner failed to surrender before the concerned Magistrate within a
period of 15 days from the date of receipt of a copy of this order, this order shall
stand automatically cancelled;
(b)the sureties shall affix their photographs and left thumb impression in the
surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank
pass Book to ensure their identity;
(c)the petitioner shall report before the respondent police daily at 10.30 am., for
a period of two weeks and thereafter, as and when required;
(d)the petitioner shall not tamper with evidence or witness either during
investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)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;
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CRL OP(MD) No.4933 of 2024
(g)if the accused thereafter absconds, a fresh FIR can be registered under
Section 229-A IPC.
sd/-
28/03/2024
/ TRUE COPY /
/04/2024
Sub-Assistant Registrar
( C.S. I / II / III / IV )
Madurai Bench of Madras High Court,
Madurai - 625 023.
GNS
TO
1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,
SIVAGIRI.
2 DO THROUGH THE CHIEF JUDICIAL
MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE
VASUDEVANALLUR POLICE STATION,
TENKASI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT,
MADURAI.
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CRL OP(MD) No.4933 of 2024
ORDER
IN
CRL OP(MD) No.4933 of 2024
Date :28/03/2024
SA/JGB/SAR. /16.04.2024/5P/5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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