Muruganatham v. The Sub Inspector Of Police

CRL OP(MD). No.88 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.88 of 2022 Muruganatham ... Petitioner/Sole Accused Vs The State rep.by, The Sub Inspector of Police, Thirunagar Police Station, Madurai City (Crime No.591 of 2021).

... Respondent/Complainant For Petitioner : Mr.S.M.A.Jinnah, Advocate.

For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.591 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 341, 323 of IPC and Section 4 of TNWPH Act, in Crime No.591 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that with an previous motive, the accused harassed the defacto complainant by physically and verbally. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is previous dispute. There is no previous case against the petitioner.

5.It appears that it is a dispute between the brother and sister. The learned counsel for the petitioner submitted that trouble arose between them due to the construction of the compound wall. Since it is a dispute between the brother and sister, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.88 of 2022 petitioner can workout the possibility of settlement. Considering the fact that the petitioner and the accused are brother and sister and there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judge, Additional Mahila Court, Judicial Magisterial Level, Madurai. 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 the petitioner shall appear before the respondent police once in 15 days at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 11/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, JUDICIAL MAGISTRATE LEVEL, MADURAI.

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

4 THE SUB INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI CITY 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.88 of 2022 Date :11/01/2022 TM MK/VR/SAR.IV/01.02.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2