Parthasarathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Parthasarathi, ... Petitioner/Accused No.1 Vs The State Rep. by, The Inspector of Police, Siruganur Police Station, Trichy District.
Cr.No.667 of 2021.
... Respondent/Complainant For Petitioner : Mr.A.Mohamed Hashim, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 667 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 379 of I.P.C, in Crime No.667 of 2021 on the file of the respondent police, seeks anticipatory bail. (The offences in this case was amended as per the order passed by this Court in Crl.M.P.(MD).No.1064 of 2022 dated 25.01.2022) 2.The case against the petitioner is that the defacto complainant purchased cement from the first accused and Rs.5,000/- is balance to be paid in the defacto complainant. A1 along with two others threatened the defacto commercial in knife point. Hence, case in Crime No.667 of 2021 has been registered.
3.On the side of the petitioner it is stated that there is a counter case filed by the petitioner against the defacto complainant, which is earlier to this case. In the counter case Crime No.666 of 2021, the defacto complainant was released on 1/3
anticipatory bail by this Court in Crl.O.P.(MD).No.890 of 2022 dated 21.01.2022 and prayed the petitioner to be released on anticipatory bail.
4.On the side of the prosecution it is stated that totally two accused involved in the offence. There was a money dispute between the petitioner and the defacto complainant. The petitioner snatched Rs.3,500/- from the shirt pocket of the defacto complainant. Injured was discharged from the hospital.
5.It is seen that the injured was discharged from the hospital and that there is a counter case against the defacto complainant and that the defacto complainant was released on anticipatory bail in the counter case. In view of the same, 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, Lalgudi, 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. for a period of one month. 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/- 25/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM 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.
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TO 1 THE JUDICIAL MAGISTRATE, LALGUDI 2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI.
3 THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1043 of 2022 Date :25/01/2022 PKP/PA/SAR-1/03.02.2022/3P/5C 3/3