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Madras High CourtCRL OP(MD)/482/2022granted

S.Poolpandi v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.482 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.482 of 2022 S.Poolpandi ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

Crime No.1 of 2022.

... Respondent/Complainant For Petitioner : Mr.M.Veilkaniraju, 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.1 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, 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., on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a quarrel arose between the petitioner and the defacto complainant, due to which, the petitioner and other accused abused the defacto complainant by using filthy language and also assaulted him. Hence, the complaint.

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

4. The learned Additional Public Prosecutor for the respondent police submitted that there was a quarrel arose between the parties. The injured has been discharged from the hospital. There is no previous case against the petitioner. Co-accused in this case already arrested and released on bail.

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CRL OP(MD). No.482 of 2022

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital 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 the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned. Due to COVID-19 pandemic situation, the petitioner shall appear before the respondent police once in a month i.e., on first Monday of every English Calender Month 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/- 12/01/2022 / 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.I, SIVAKASI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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

ORDER

IN CRL OP(MD) No.482 of 2022 Date :12/01/2022 LS MK/VR/SAR.IV/04.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2