R.Pitchai v. The Inspector Of Police

CRL OP(MD). No.9716 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.9716 of 2022 R.Pitchai ... Petitioner/Sole Accused Vs The State, Represented by the Inspector of Police, Avaniyapuram Police Station, Madurai District.

Crime.No.307/2022.

... Respondent/Complainant For Petitioner : M/s.VINOTH KUMAR.B, 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.307 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 alleged offence punishable under Sections 294(b) and 323 of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.307 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to money dispute, the petitioner abused the defacto complainant in filthy language and when the defacto complainant tried to record the said event in her mobile, the petitioner attacked her and misbehaved with her. Hence the complaint.

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

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no previous case pending against the petitioner.

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CRL OP(MD). No.9716 of 2022 5.Considering the nature of the offence and also the overt act attributed against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.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 No.VI, Madurai, 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.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date, on which the order copy is made ready, failing which, the petition for anticipatory bail stands 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.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.VINOTH KUMAR.B Advocate SR.No.5130 ORDER IN CRL OP(MD) No.9716 of 2022 Date :01/06/2022 SA/SVR/SAR.4/03.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2