Raja @ Pandiarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1030 of 2022 Raja @ Pandiarajan ... Petitioner/Accused Vs State rep.by The Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Crime No.5/2022).

... Respondent/Complainant For Petitioner : M/s.Murugappan.R, 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.5 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.5 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The allegation against the petitioner is that on 07.01.2022, the petitioner and two others attacked the complainant and caused him injuries. The case in Crime No.5 of 2022 was registered against the petitioner under Sections 341, 294(b), 323, 324 and 506(ii) IPC. 3.On the side of the petitioner it is stated that the petitioner is not connected with the offences. The defacto complainant had illegal relationship with the wife of the petitioner

and the same was objected by the petitioner. Only with this motive the defacto complainant has lodged a false complainant and prayed the petitioner to be released on anticipatory bail. 4.On the side of the prosecution it is stated that the injured was discharged from the hospital after taking treatment as out patient. There is no previous case against the petitioner. 5.In view of the submission made by both the parties, 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, Kodaikanal, 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 concerned Magistrate Court daily at 10.30 a.m. for a period of fifteen days and thereafter as and when required for interrogation. 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/- 21/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) 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.

TO

1. THE JUDICIAL MAGISTRATE, KODAIKANAL.

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

3. THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.1030 of 2022 Date :21/01/2022 SP/VR/SAR II/27/01/2022/3P/5C