Rajasingam @ Athimoolam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/04/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN (*)Rajasingam @ Athimoolam ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Alanganallur Police Station, Madurai District.

(In Crime No.336 of 2021) ... Respondent/Complainant For Petitioner : Mr.V.Malaiyendran, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.336 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 427 and 506(i) I.P.C, in Crime No.336 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to property dispute between the parties, on 22.06.2021, the petitioner went to the defacto complainant's house, abused him in filthy language and threatened him with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is the son of the de-facto complainant, he is innocent and he has been falsely implicated in this case. 1/3

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a property dispute between the father and son and the petitioner is having no previous case. 5.Considering the nature of offence, the overt act attributed against the petitioner and the petitioner is not having any bad antecedents, 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, Vadipatti, 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/- 06/04/2022 (*) Amendment as per order of this Court dated 29/04/2022 in CRL MP(MD) No.5634/2021 in CRL OP(MD) No.6370/2022.

Further two weeks time is granted to the petitioner to comply with the conditions imposed by this court from the date of receipt of a copy of this order as last chance.

/ 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 TO BE SUBSTITUTED WITH THE ORDER DATED 06/04/2022 ALREADY DESPATCHED.

1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to Mr.V.MALAIYENDRAN, Advocate ( SR-3033[I] dated 06/04/2022 ) ORDER IN CRL OP(MD) No.6370 of 2022 Date :06/04/2022 SJI MK/VR/SAR.IV/12.04.2022/2P/6C USK/JM/SAR-IV/09.05.2022/3P/6C 3/3