P.Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.192 of 2022 P.Selvaraj ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Aravakurichi Police Station, Karur District.

(*)Crime No.4/2022.

... Respondent/Complainant For Petitioner : M/s.Anandkumar.D, Advocate.

For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in (*)Crime No.4 of 2022 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.4 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a family dispute between the petitioner and the defacto complainant, due to which, the petitioner abused the defacto complainant using filthy language and attacked him by hands and also threatened him with dire consequences. 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. He further submitted that the defacto complainant is the father of the petitioner and prayed the petition to be allowed.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the defacto complainant sustained simple injury. The petitioner is the son of the defacto complainant. He further submitted that there is no previous case pending against the petitioner.

5. Considering the nature of offence and considering the fact that the defacto complainant and the petitioner are father and son and the defacto complainant sustained simple injury, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, 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, before the learned Judicial Magistrate, Aravakurichi, Karur District, 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 daily at 10.30 a.m. until further orders. Sd/- 06/01/2022 (*) Amended as per order of this Court dated 09/02/2022 in CRL MP (MD)No.989/2022 in CRL OP(MD) No.192/2022.

Time is extended by two weeks from the date of receipt of copy of this order.

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

LS 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 TO BE SUBSTITUTED WITH THE ORDER DATED 06/01/2022 ALREADY DESPATCHED.

1. THE JUDICIAL MAGISTRATE, ARAVAKURICHI, KARUR DISTRICT.

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

3. THE INSPECTOR OF POLICE, ARAVAKURICHI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.192 of 2022 Date :06/01/2022 SP/JM/SAR IV/11/01/2022/2P/5C USK/PN/SAR-II/23.02.2022/3P/5C