D.Kottairaman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN D.Kottairaman ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Karur Police Station, Pudukkottai District.

Cr.No.28/2022.

... Respondent/Complainant For Petitioner : M/s.Pandian.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 Cr.No.28/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 341 of IPC and Section 4 of Tamil Nadu Prohibition of Woman Harassment Act, 1998, in Crime No.28 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.06.2022, there was a wordy quarrel between the petitioner and the defacto complainant due to the illegal intimacy between one Rajini and the defacto complainant. The petitioner said to have abused the defacto complainant in filthy language and attacked her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this 1/3

case. He would further submit that the above said Rajini close relative of the petitioner. After the death of his father, he is taking care by the father of the petitioner. The above said Rajini had illegal relationship with the defacto complainant. When the same was questioned by the petitioner, the above said occurrence took place. No previous case is pending against the petitioner. Hence, he seeks to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case of simple injury. The defacto complainant is living separately and she is having some illegal contact with the above said Rajini. Over which, the above said occurrence took place. No previous case is pending against the petitioner.

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured sustained only simple injury, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Aranthangi, 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/06/2022 / TRUE COPY / 24/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 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.

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TO

1. The Judicial Magistrate, Aranthangi.

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Inspector of Police, Karur Police Station, Pudukkottai District. Cr.No.28/2022.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.PANDIAN M Advocate SR.No.5846

ORDER

IN CRL OP(MD) No.10967 of 2022 Date :21/06/2022 RK/JM/SAR-II24.06.2022 : 3P/6C 3/3