Perumal @ Umanath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 04.02.2022 PRESENT THE HONOURABLE MRS. JUSTICE R. THARANI Crl.O.P.(MD)No.2339 of 2022 Perumal @ Umanath ... Petitioner/Accused No.1 Vs.

State represented by The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District, (In Crime No.02 of 2022).

... Respondent/Complainant For Petitioner : M/s.M.Maran, Advocate For Respondent : M/s.R.M.Ambunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C., PRAYER For Anticipatory bail Crime No.2 of 2022, on the file of the respondent police.

ORDER:

The Court made the following order:- The petitioner/Accused No.1 apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 427, 506(ii) of I.P.C., in Crime No.02 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case against the petitioner is that on 01.01.2022 at about 11.00 a.m., the petitioner and others threatened the defacto complainant not to participate in the Panchayat Election and damaged the Car. A case in Crime No.2 of 2022 was registered against the petitioner under Sections 427 & 506(ii) IPC. The petitioner has filed this petition for anticipatory bail.

3. On the side of the petitioner, it is stated that the case was registered on election motive. No one was injured in the case. A false case has been foisted against the petitioner and the co-

accused were already released on anticipatory bail by the this Court in Crl.O.P(MD)No.258 of 2022, dated 07.01.2022 and prayed the petitioner to be released on anticipatory bail.

4. On the side of the respondent, it is contended that totally three accused involved in this case. The first accused/petitioner throw a bottle and damaged the Car and A1 is having one previous case under Section 75 of MCP Act.

5. In view of the submissions made by both sides, considering the nature of the previous case, this Court is inclined to grant anticipatory bail to the petitioner.

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, Thoothukudi 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 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/- 04/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

am 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, THOOTHUKUDI.

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

3. THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2339 of 2022 Date :04/02/2022 SP/MS/SAR III/10/02/2022/3P/5C