Madras High CourtCRL OP(MD)/9642/2022disposed of

Sakthivel v. The Inspector Of Police

2022-05-25Honourable Mr Justice P. Velmurugan2 pages

CRL OP(MD). No.9642 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/05/2022 PRESENT The Hon`ble MR.Justice P.VELMURUGAN CRL OP(MD). No.9642 of 2022 SAKTHIVEL ... PETITIONER/SOLE ACCUSED VS THE STATE REP BY THE INSPECTOR OF POLICE, MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.138 OF 2022.) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.EBENEZER T A, ADVOCATE.

FOR RESPONDENT : MR.RMS.SETHURAMAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.138 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 435 and 436 of IPC in Crime No.138 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the defacto complainant left his two wheeler in front of his house, it was set fire and subsequently he has lodged the above complaint as against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner is not involved in the occurrence and he is no way https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9642 of 2022 connected with this case. He would also submit that a false case has been foisted against the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner set fire on the two wheeler of the defacto complainant and the investigation is in preliminary stage.

5. The defacto complainant, on suspicion, has lodged the complaint against the petitioner. Only during investigation it would reveal whether the petitioner is set fire on the two wheeler of the defacto complainant or not and there is no eye witness to the said occurrence.

6.In view of the above, the petitioner/accused is directed to surrender before the concerned Magistrate within a period of two weeks from the date of receipt of a copy of this order and file a bail application before the Magistrate and if he files an application for bail, the learned Magistrate is directed to consider his bail application, on the same day and pass orders on merits and in accordance with law.

7.With the above directions, this Criminal Original Petition is disposed of.

sd/- 25/05/2022 / TRUE COPY / 25/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV/CSM TO 1.THE JUDICIAL MAGISTRATE, SATHANKULAM.

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

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

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

+1. C.C. to MR.T.A.EBENEZER, Advocate SR.No.5044. ORDER IN CRL OP(MD) No.9642 of 2022 Date : 25/05/2022 GC/PN/SAR-1(25.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2