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Madras High CourtCRL OP(MD)/1155/2022allowed

M.Vasanth Kumar v. The Inspector Of Police

2022-01-24Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI 1.M.Vasanth Kumar 2.M.Sankarpandian ... Petitioners/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, Sattur Town Police Station, Sattur, Virudhunagar District.

Cr.No.17/2022.

... Respondent/Complainant For Petitioners : M/s.George Paul Anto L, 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.17 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2 apprehending arrest at the hands of the respondent police for the offences punishable under section 294(b), 324 and 506(ii) I.P.C., on the file of the respondent police, seeks anticipatory bail.

2.The case against the petitioner is that on 14.01.2022, the petitioners abused the defacto complainant and his friend and attacked them and also threatened them before the TASMAC shop. A case in Crime No.17 of 2022 was registered under Sections 294(b), 324 and 506(ii) I.P.C. The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners, it is stated that the dispute is inside the TASMAC shop.Co-accused was already released on bail. There was no injury inflicted on the defacto complainant. The 1/3

petitioners are having no previous case and prayed the petitioners to be released on anticipatory bail.

4.On the side of the prosecution, it is stated that the defacto complainant was attacked by the petitioners. Co-accused/A3 was already released on bail. The injured was discharged from the hospital.

5.In view of the submission made by both the parties, and considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, on condition that the petitioners shall execute 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 respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 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/- 24/01/2022 / 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.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT.

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

3 THE INSPECTOR OF POLICE SATTUR TOWN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.L.GEROGE PAUL ANTO, Advocate ( SR-399[I] dated 25/01/2022 )

ORDER

IN CRL OP(MD) No.1155 of 2022 Date :24/01/2022 RS/PN/SAR.3(27.01.2022) 3P-6C 3/3