Sasikumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Sasikumar ... Petitioner/Accused No.2 Vs The State Rep.by The Sub Inspector of Police, Thadikombu Police Station, Dindigul, (Crime No.23/2022).

... Respondent/Complainant For Petitioner : M/s.V.Palanichamy 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.23/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.23 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that both the accused and the defacto complainant are close relatives and because of the dispute with regard to the jewels of the defacto complaint, trouble arose between the two groups. Both have exchanged words and the accused abused each other in filthy language in public place. Both side persons sustained injury due to this incident. Hence the complaint. 1/3

3.The learned counsel for the petitioner submitted that the petitioner is an innocent. He has not committed any offence as alleged by the prosecution and he has been wrongly implicated in this case. A counter case is also filed against the defacto complainant in Crime No.22 of 2022.

4.The learned Additional Public Prosecutor would submit that it is a dispute between the relatives. It is a case, case in counter and a case in Crime No.22 of 2022 has been registered against the defacto complainant herein. The petitioner has no previous case.

5. Considering the nature of offence and the fact that no previous case is pending against the petitioner, 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 No.II, Dindigul, 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, once in a month at 10.30 a.m. until further orders. 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/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn 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, Dindigul.

2. -do-Through The Chief Judicial Magistrate, Dindigul.

3.The Sub Inspector of Police, Thadikombu Police Station, Dindigul.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.PALANICHAMY, Advocate ( SR-747[I] dated 04/02/2022 )

ORDER

IN CRL OP(MD) No.2087 of 2022 Date :03/02/2022 RD/JM/SAR-I(11.02.2022) 3P 6C 3/3