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Madras High CourtCRL OP(MD)/9714/2022granted

Abinesh @ Mani v. The Inspector Of Police

2022-06-27Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.9714 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.9714 of 2022 Abinesh @ Mani ... Petitioner/Accused No.2 Vs The State Rep. By, The Inspector of Police, Devakottai Police Station, Sivagangai District.

Cr.No.99/2022. ... Respondent/Complainant For Petitioner : Mr.Sathish Kumar K, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 99/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 294(b), 323 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.99 of 2022 on the file of the respondent police.

2.The case of the defacto complainant is that on 20.05.2018, her daughter was married to the first accused, namely Balamurugan and there was matrimonial dispute between them. So, she was taken to the parental home. In pursuance of the aforesaid issue on 07.05.2022, again the 1st accused harassed her daughter. So, again the daughter came to the parental home. Knowing about the whereabouts of the daughter, the 1st accused came there and attacked the defacto complainant as well as his daughter. Hence, the compliant.

3.The learned counsel for the petitioner submits that the 1st accused was granted anticipatory bail by this Court in Crl.O.P.(MD) No.9146 of 2022 on 18.05.2022.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9714 of 2022 4.Considering the limited role that has been played by this petitioner/A2 and considering the fact that the co-accused has been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Devakottai, 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.

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 stands dismissed.

sd/- 27/06/2022 / TRUE COPY / /07/2022 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, DEVAKOTTAI.

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

3. THE INSPECTOR OF POLICE, DEVAKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.K.SATHISH KUMAR, Advocate (SR-6341[I] dated 29/06/2022) ORDER IN CRL OP(MD) No.9714 of 2022 Date :27/06/2022 USK/JM/SAR-II/08.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2