A.Dheepan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN A.Dheepan ... Petitioner/Accused No.4 Vs The State rep.by, The Inspector of Police, Thuraiyur Police Station, Thuraiyur, Trichy District.

Crime No.25 of 2022.

... Respondent/Complainant For Petitioner : Mr.K.V.DHANAPALAN, Advocate, for M/S.T.Fenn Walter Associates.

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.25 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 offence punishable under Sections 294(b), 323, 506(i) of IPC and Section 4 of Prohibition of Harassment Act, 2022, in Crime No.25 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the cousin sister of one Feliz Raja. The petitioner and the other accused are the tenants of the above said Feliz Raja. Due to dispute with regard vacating premises, on 06.01.2022, at about 11.00 a.m, the petitioner along with other accused said to have abused the defacto complainant and her cousin brother in filthy language and also attacked them. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this 1/3

case. He further submitted that it is a case and case in counter and the injured was discharged from the hospital and hence, he prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and case in counter and the first accused was arrested and remanded to judicial custody and the injured person has been discharged from the hospital and no previous case is pending against the petitioner. 5.The learned counsel for the petitioner submitted that in the above said occurrence, the first accused also sustained injuries. In this regard, counter case has been registered in Crime No.28 of 2022 against the defacto complainant and others, on the basis of the complainant given by the accused party and the first accused has been released on bail yesterday i.e., 03.02.2022.

6. Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and no previous antecedents reported against the petitioner and co-accused has already been granted regular bail, this Court is inclined to grant anticipatory bail to the petitioner.

7. 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 The Judicial Magistrate, Thuraiyur, 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.

8.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.) 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 THURAIYUR.

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

3 THE INSPECTOR OF POLICE THURAIYUR POLICE STATION, THURAIYUR , TRICHY DISTRICT.

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

+1 CC to M/s.T.FENN WALTER ASSOCIATES, Advocate ( SR-787[I] dated 04/02/2022 )

ORDER

IN CRL OP(MD) No.2415 of 2022 Date :04/02/2022 DSS MK/MS/SAR.II/10.02.2022/3P/6C 3/3