Vinayagamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Vinayagamoorthy ... Petitioner/Petitioner/ Accused No.7 Vs State rep. by its The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

(Crime No.187/2020).

... Respondent/Respondent / Complainant For Petitioner : Mr. B. Arun For Respondent : Mr.S.S. Madhavan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.187/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.7, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 147, 148, 294(b), 506(ii) r/w. Section 3 of TNPPDL Act in Crime No.187 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to election motive the petitioner along with other accused persons had assaulted the defacto complainant and caused injuries and they have also damaged the car and roof of the house of the de facto complainant worth about Rs.11,000/-. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. However, to show his bona fide, he has come forward to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.187 of 2020 before the trial Court concerned.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is arrayed as A7 in this case and the petitioner and other accused persons assaulted the defacto complainant and caused damage to the house and car of the defacto complainant worth about Rs.11,000/-. He would further submit that the injured person has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital and the co-accused have been released on bail and the petitioner is ready to deposit a sum of Rs.10,000/-, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.187 of 2020 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned District MunsifCumJudicial Magistrate,Kadaladi, Ramanathapuram 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. 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/- 07/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The District Munsif-Cum-Judicial Magistrate, Kadaladi, Ramanathapuram District.

2. -do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.ARUN B Advocate SR.No.825

ORDER

IN CRL OP(MD) No.797 of 2022 Date :07/02/2022 RD/SBN/SAR-III(11.02.2022) 3P 6C 3/3