Tamilselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Tamilselvan ... Petitioner/Accused No.4 Vs The State rep.by, The Inspector of Police, Thiruppunavasal Police Station, Pudukkottai District.

Crime No.56 of 2022. ... Respondent/Complainant For Petitioner : M/S.Suresh.M Advocate.

For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.56 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.56 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 24.10.2022 at about 05.00 p.m., when the de-facto complainant and his brother were riding the bike in a rash and negligent manner and the same was questioned by the petitioner and other accused, there was a quarrel arose between them, due to which, the petitioner and other accused abused the de-facto complainant in filthy language and pushed him down and also attacked him with hands. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against 1/3

him. He would further submit that a counter case is pending against the de-facto complainant.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured has been discharged from the hospital and no previous case is pending against the petitioner. He would further submit that it is a case and case in counter and in the said counter case, the petitioner has sustained 27 cut injuries. 5.Considering the facts and circumstances of the case and also considering the facts that the injured person has been discharged from the hospital and that there is no previous case pending 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 Judicial Magistrate, Aranthangi, Pudukkottai 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. 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/- 09/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1.THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

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3 THE INSPECTOR OF POLICE, THIRUPPUNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.417 of 2023 Date :09/01/2023 RK/SSS/SAR-4 (19/01/2023) 3P/5C 3/3