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Madras High CourtCRL OP(MD)/1061/2022allowed

R.Thennarasu v. The Inspector Of Police

2022-01-25Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1061 of 2022

1. R.Thennarasu

2. Raman ... Petitioners/Accused 1 & 2 Vs State rep.by The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

(Crime No.6/2022).

... Respondent/Complainant For Petitioners : M/s.D.Senthil, Advocate.

For Respondent : M/s.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 324, 506(ii) IPC, in Crime No.6 of 2022, seek anticipatory bail.

2.The case against the petitioners is that the petitioners assaulted the defacto complainant, scolded him in filthy language and threatened him with dire consequence. The case in Crime No.6 of 2022 was registered against the petitioners under Sections 294(b), 323, 324, 506(ii) IPC. The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners it is stated that the first petitioner is the son of second petitioner. There was civil dispute between the defacto complainant's husband and the petitioners. The husband of the defacto complainant is the brother of the second petitioner. The matter is only a civil dispute. Injured was discharged from the hospital.

4.On the side of prosecution it is stated that with a motive of civil dispute, the petitioners assaulted the defacto complainant and caused him head injuries. It is fairly admitted that the injured was discharged from the hospital.

5.As the victim was already discharged from the hospital and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Paramakudi and on their executing 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 and the petitioners shall appear before the concerned Court daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 25/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 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, PARAMAKUDI.

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

3. THE INSPECTOR OF POLICE, PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.SENTHIL D Advocate SR.No.441

ORDER

IN CRL OP(MD) No.1061 of 2022 Date :25/01/2022 SP/PN/SAR IV/01/02/2022/3P/6C