CRL OP(MD). No.8074 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 30/05/2024
PRESENT
The Hon`ble Mrs.Justice L. VICTORIA GOWRI
CRL OP(MD). No.8074 of 2024
Thiyo Himan Raj ... Petitioner/Sole Accused
Vs
The Inspector of Police,
Pattukottai Town Police Station,
Thanjavur District.
Cr.No.254/2024. ... Respondent/Complainant
For Petitioner : M/s.K.M.Karunakaran, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C.
PRAYER :-
For Anticipatory Bail in Crime No.254/2024 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 for the
alleged offence punishable under Sections 294(b), 324 and 506(ii) I.P.C. in Crime
No.254 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to property dispute between the
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CRL OP(MD). No.8074 of 2024
petitioner and the defacto complainant, the petitioner has assaulted the defacto
complainant.
3.The learned counsel for the petitioner submits that the petitioner is an
innocent, he has not committed any offence as alleged by the prosecution, but he has
been falsely implicated in this case.
4.The learned Government Advocate (Crl.Side) appearing for the respondent,
on instructions, would submit that the injured has been discharged from the hospital
and no previous case is pending against the petitioner and it is a case in counter.
5.Considering the facts and circumstances of the case, the fact that no previous
case is pending against the petitioner and the injured was discharged from the
hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain
conditions. Accordingly, this Criminal Original Petition is allowed and 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, Pattukottai, 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 learned Magistrate concerned and on further
conditions that:
(a)the petitioner and the sureties shall affix their photographs and left thumb
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CRL OP(MD). No.8074 of 2024
impression in the surety bond and the learned Magistrate may obtain a copy of their
Aadhaar card or bank pass book to ensure their identity;
(b)the petitioner shall report before the respondent police daily at 10.30 am, for
a period of four weeks and thereafter as and when required for interrogation.
(c)the petitioner shall not tamper with the 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/ petitioner thereafter absconds, a fresh FIR can be registered
under Section 229-A IPC.
sd/-
30/05/2024
/ TRUE COPY /
/06/2024
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.8074 of 2024
TO
1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,
THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION,
THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-6020[I] dated 30/05/2024 )
ORDER
IN
CRL OP(MD) No.8074 of 2024
Date :30/05/2024
RS/VR/SAR-(04.06.2024) 4P 6C
Madurai Bench of Madras High Court is issuing
certified copies in this format from 17/07/2023
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