Nagaraj v. The Inspector Of Police

CRL OP(MD). No.9805 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9805 of 2022 Nagaraj ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Othakkadai Police Station, Madurai District.

Cr.No.137/2022. ... Respondent/Complainant For Petitioner : M/s.Bhagavathsingh G, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 137/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 294 (b), 323, 506(1)of IPC and Section 4 of TNPHW Act, in Crime No.137 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to the wordy dispute arising between the petitioner and the defacto complainant, the petitioner abused the defacto complainant in filthy language and attacked him with wooden log and thereby, the defacto complainant sustained injury. Hence, the complaint.

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

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured has been discharged from the hospital.

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CRL OP(MD). No.9805 of 2022 5.Considering the nature of offence, the overt act attributed against the petitioner and the fact that the injured has been discharged from the hospital, 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 Melur, on condition that the petitioner shall execute 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 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. 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/- 02/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MELUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, OTHAKKADAI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.G.BHAGAVATH SINGH, Advocate ( SR-5156[I] dated 02/06/2022 )

ORDER

IN CRL OP(MD) No.9805 of 2022 Date :02/06/2022 pnm/pjl USK/VR/SAR-IV/03.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2