Manimaran 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 CRL OP(MD). No.9862 of 2022 Manimaran ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

(Crime.No.123/2022).

... Respondent/Complainant For Petitioner : M/s.Balamurugan M, 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.123 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324 & 506(i)of I.P.C., in Crime No. 123 of 2022 on the file of the respondent police, seeks anticipatory bail.

3.The case of the prosecution is that since a bus conductor indulged in teasing the defacto complainant's sister, the defacto complainant and his family members enquired the bus conductor, the petitioner interfered, abused them in filthy language and attacked

the defacto complainant and threatened them with dire consequences. Hence, the complaint.

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

5.The learned Government Advocate (Crl. Side) for the respondent police submitted that this is a case in counter case and that the injured has been discharged from the hospital. 6.Considering the nature of offence, the overt act attributed against the petitioner and the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

7.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, Thuraiyur, Trichy, 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 Judicial Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8.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.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LR/RM 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, THURAIYUR, TRICHY.

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

3. THE INSPECTOR OF POLICE, UPPILIYAPURAM POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.9862 of 2022 Date :01/06/2022 SP/JM/SAR IV/06/06/2022/3P/5C