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Madras High CourtCRL OP(MD)/9731/2022ordered

S.Pragalathan v. The Inspector Of Police

2022-06-01Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.9731 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.9731 of 2022 S.Pragalathan

...Petitioner/Accused No.2

Vs The State of Tamil Nadu Represented by The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

Crime No.220 of 2022.

... Respondent/Complainant For Petitioner : M/s.M.Maria Vinola, 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.220 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 342, 294(b), 323 and 506(ii) of I.P.C., in Crime No.220 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 19.04.2022, the petitioner and other accused persons attacked the defacto complainant by using wooden log, abused him in filthy language and also threatened to kill him demanding Rs.3,00,000/-. 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. He further submits that A1 was already granted anticipatory bail by this Court in Crl.O.P.(MD)No.7761 of 2022, dated 26.04.2022. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9731 of 2022 4.The learned Government Advocate would submit that A1 was already granted anticipatory bail by this Court and that A2 is having one previous case.

5.Considering the nature of the offence and considering the fact that the co-accused was already granted anticipatory bail by this Court, 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 No.I, Kovilpatti, 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 am., 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. 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 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 NO.I, KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.MARIA VINOLA, Advocate SR.No.5128. ORDER IN CRL OP(MD) No.9731 of 2022 Date :01/06/2022 SJI/LM MK/SVR/SAR.IV/03.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2