C.Muthukumar v. The Sub 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 CRL OP(MD). No.9762 of 2022 C.Muthukumar ... Petitioner/Accused No.5 Vs State rep.by The Sub-Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Crime No.72/2022) ... Respondent/Complainant For Petitioner : Mr.K.Mariyappan, 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.72 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A5 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 506(2) of IPC, in Crime No.72 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous election dispute between the parties, the petitioner and other accused abused the de-facto complainant in filthy language and attacked him with wooden log and also caused injury. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that A1, A6 and A7 were already arrested and released on bail by the Sessions Court.

4.The learned Government Advocate (Crl.Side) would submit that the injured was discharged from the hospital. 5.Considering the nature of allegation levelled against the petitioner and considering the facts that the injured was discharged from the hospital and that the co-accused were already released on bail by the Sessions Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Kamuthi, Ramanathapuram District, 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.IV) 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, KAMUTHI, RAMANATHAPURAM DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE SUB INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.9762 of 2022 Date :01/06/2022 SP/PN/SAR IV/02/06/2022/3P/5C