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Madras High CourtCRL OP(MD)/9679/2022ordered

Kannan @ Parathesi v. The Inspector Of Police

2022-06-01Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.9679 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9679 of 2022 Kannan @ Parathesi ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District (Crime No. 147 of 2022).

... Respondent/Complainant For Petitioner : M/s.SUSI KUMAR.C, Advocate.

For Respondent : M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 147 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 506(ii) of I.P.C., in Crime No.147 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 28.04.2022, the accused person trespassed into the de-facto complainant's house with a weapon and attempted to assault him and the de-facto complainant fled away from his house. Further, the petitioner abused the defacto complainant in filthy language and threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl. side) submits that the de-facto complainant is an advocate and the petitioner abused him in filthy language and gave him life threat. He further submits that no one has sustained injury in this case.

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CRL OP(MD). No.9679 of 2022 5.Considering the nature of allegation levelled against the petitioner and considering the fact that no one has sustained injury in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Boothapandy and on his executing 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6.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 shall stand dismissed.

sd/- 01/06/2022 / 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, BOOTHAPANDY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, ARALVOIMOZHI POLICE STATION, KANYAKUMARI DISTRIC. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.SUSI KUMAR.C., Advocate SR.No.5125 ORDER IN CRL OP(MD) No.9679 of 2022 Date :01/06/2022 SA/VR/SAR.4/02.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2