Surya v. The Inpsector Of Police

CRL OP(MD). No.1541 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1541 of 2022

1. Surya

2. Jothivel ... Petitioners/Accused No.3 TO 4 Vs The state represented by The Inspector of Police, Musiri Police Station, Trichy District.

Cr.No.1454/2020. ... Respondent For Petitioner : M/s.Bharathi.S, 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.1454 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.3 & 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(i) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.1454 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case against the petitioners is that due to previous motive the petitioners along with other accused persons assaulted the defacto complainant and abused him in filthy language. Hence, the complaint.

3.On the side of the petitioners it is stated that the petitioners are no way connected with this offence. Due to election motive between the defacto complainant and the mother of A3, this false case has been foisted against the petitioners. 4.On the side of the respondent, it is stated that the investigation has been completed and final report was also filed before the concerned Court and the same was taken cognizance in C.C.No.68 of 2021.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1541 of 2022 5.Considering the submissions made on either side and considering that the investigation was completed and that the trial is pending before the concerned Court, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

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, Musiri, 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 concerned Court daily at 10.30 a.m. for a period of one month, thereafter on all hearing dates. 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/- 28/01/2022 / 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, MUSIRI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INPSECTOR OF POLICE MUSIRI POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.BHARATHI, Advocate ( SR-531[I] dated 31/01/2022 )

ORDER

IN CRL OP(MD) No.1541 of 2022 Date :28/01/2022 SS/VR/SAR-II/07.02.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2