Madras High CourtCRL OP(MD)/2146/2022granted

Gunald Reegan v. The Inspector Of Police

2022-02-03Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gunald Reegan ... Petitioner/Accused(Rank not known) Vs The state represented by The Inspector of Police, Medical College Police Station, Thanjavur District (Crime No. 5 of 2022). ... Respondent/Complainant For Petitioner : M/s.Suresh Kannan.C, 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.5 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 336, 506(ii), 427 and 379 of IPC, in Crime No.5 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 02.01.2022 at about 11.15 p.m, when the defacto complainant is sleeping in his house, the accused persons trespassed into the house and damaged the windows by stone. When the same was questioned by the defacto complainant, they again damaged his Car and assaulted him with stone and threatened him with dire consequences and snatched the mobile phone from him. Hence, the complainant.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Out of previous enmity the present case case been foisted. A1 and A3 in this have been arrested and released on bail. Stolen cellphone was recovered from A1. With regard to the damage to show his bonafideness the petitioner would ready to pay a sum of Rs.5,000/- to the credit of this crime number before the concerned Court. The petitioner is only friend of A1.

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4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no motive between them. Only in drunken mood, the petitioner along with other accused persons caused damages to the Car and windows of the defacto complainant. There is no previous case against the petitioner.

5. Considering the fact that the co-accused released on bail and the mobile phone has been recovered from A1, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.5 of 2022 on the file of the learned Judicial Magistrate concerned.

6. On such deposit being made, 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, Thanjavur, 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 fifteen days 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.

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, THANJAVUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

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3 THE INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2146 of 2022 Date :03/02/2022 SS/SBN/SAR-II/11.02.2022 : 3P/5C 3/3