B. Nallathambi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI B.Nallathambi ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Alangulam Police Station, Viruthunagar District.

(Crime No. 6/2022). ... Respondent/Complainant For Petitioner : M/s.Iniyavan M, Advocate.

For Respondent : 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 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 427, 323, 294(b), 448 I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 14.01.22, at about 08.00 pm., due to previous motive, the petitioner and other accused were trespassed into the defacto complainant's house and abused him in filthy language and attacked him and also threatened him with dire consequences and caused him injury. Hence the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that this is a case in counter case and prayed the petitioner to be released on anticipatory bail. 1/3

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that There is a case in counter case has been registered in Crime No. 7 of 2022 and the injured in this case has been discharged from the hospital.

5.Considering the nature of the offence and considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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.II. Saathur, 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. until further orders. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 27/01/2022 / 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.II, SAATHUR.

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

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3 THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, VIRUTHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.1073 of 2022 Date :27/01/2022 RS/PN/SAR.4(31.01.2022) 3P-5C 3/3