Anandhakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Anandhakumar ... Petitioner/Sole Accused Vs State rep. by, The Inspector of Police, Golden Rock Police Station, Trichy City.

in Crime No.646/2022.

... Respondent/Complainant For Petitioner : M/s.Jameel Arasu B For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.646/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 447 and 506(ii) of I.P.C., in Crime No.646 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 10.06.2022, due to personal motive, the petitioner trespassed into the de-facto complainant's house, abused him in filthy language and also attacked him with hand. Hence, the case.

3.So finding that the petitioner has involved in two previous cases and the earlier two applications came to be dismissed by this Court dated 20.06.2022 and 15.11.2022 and this is the third anticipatory bail application and at the time of hearing, the learned counsel for the petitioner is ready to file an undertaking 1/3

affidavit. The undertaking that may not give any trouble to the defacto complainant and also finding that the respondent police has not taken any steps to arrest the petitioner inspite of the dismissal of the earlier applications. It was directed to file an undertaking affidavit and in pursuance of the same, the learned counsel for the petitioner has also filed an undertaking affidavit before this Court.

4.In view of the above said development and undertaking affidavit, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.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.V, Trichy, 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 once in a month i.e., on first working day 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.

6.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.

7.If any violation is noticed, the respondent police is at liberty to arrest the petitioner and remand him to custody. sd/- 03/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. THE JUDICIAL MAGISTRATE NO.V, TRICHY.

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

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3. THE INSPECTOR OF POLICE, GOLDEN ROCK POLICE STATION, TRICHY CITY.

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

+1. CC to M/S.JAMEEL ARASU B Advocate SR.No.1885(I)

ORDER

IN CRL OP(MD) No.1122 of 2023 Date :03/02/2023 NA/BUC/SAR-I/13.02.2023/3P/6C 3/3