Nagendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.06.2022 PRESENT The Hon`ble Mrs.Justice R.THARANI 1.Nagendran 2.Kannan 3.Moonusamy 4.Ambethkar 5.Ganesan ... Petitioners Vs THE STATE REP BY, The Inspector of Police, Karimedu Police Station, Madurai City, Madurai.

... Respondent/Complainant For Petitioners : Mr.T.Antony Arul Raj,Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.381 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 353 and 506(ii) of IPC, on the file of the respondent police in Crime No.381 of 2022, seek anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel between the railway staffs regarding the cancellation of transfer order, due to which, the petitioner and other accused prevented the de-facto complainant from discharging his official duty and attacked him with iron rod and also caused him injury. Hence the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl.Side) would submit that no one has sustained injury in this case and that the case in counter in Crime No.382 of 2022 is pending against the de-facto complainant.

5.Considering the nature of allegation levelled against the petitioners and considering the facts that no one has sustained injury in this case and that the counter case is pending against the de-facto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.V, Madurai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 am., for a period of one month and thereafter, as and when required for interrogation.

The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 7.The petitioners 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.

sji/lm 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 NO.V MADURAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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3 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY, MADURAI.

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

+1 CC to M/s.T.ANTONY ARULRAJ, Advocate(SR-5112[I]dated 01/06/2022 )

ORDER

IN CRL OP(MD) No.9737 of 2022 Date :01/06/2022 PKP/JM/SAR-4/02.06.2022/3P/6C 3/3