Madras High CourtCRL OP(MD)/373/2022granted

Ramar @ Jayaram v. The Inspector Of Police

2022-01-11Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.373 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.373 of 2022

1. Ramar @ Jayaraman

2. Kavitha

3. Karuppayi ... Petitioners/Accused No.Not Known Vs The State rep.by, The Inspector of Police, Aaviyur Police Station, Virudhunagar District (Crime No. 4 of 2022) ... Respondent/Complainant For Petitioner : Mr.N.Jeyaram Sidharath, 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.4 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 447 and 506(i) IPC and Section 4 of TNWH Act in Crime No.04 of 2022, in Crime No.04 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused disturbed the defacto complainant while she doing her agricultural work, thereby wordy quarrel arose. At that time due to sudden provocation, these petitioners attacked her. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

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CRL OP(MD). No.373 of 2022

4. The learned Additional Public Prosecutor for the respondent police submitted that A1 in this case was arrested and released on bail. The injured in this case has been treated as out patient. There is no previous case against the petitioners.

5. Considering the injured person has been treated as out patient, the co-accused arrested and released on bail and the petitioners are having no previous case, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Virudhunagar, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police once in fifteen days at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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 JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE AAVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.373 of 2022 Date :11/01/2022 TM MK/VR/SAR.IV/01.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2