Kumaresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kumarasean ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

(Crime No.38 of 2022).

... Respondent/Complainant For Petitioner : M/s.Arunkumar A G, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.38 of 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), 341, 323 and 506(ii) I.P.C, in Crime No.38 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the Car driver of the District Councillor, Sivagangai. Due to previous motive between the District Councillor, Sivagangai, and the petitioner, on 16.06.2022, at about 07.00 p.m, when the District Councillor, Sivagangai was going to Regunathapatti village in a Car, the petitioner said to have waylaid the car of the District Councillor, Sivagangai, and tried to assault the defacto complainant with iron pipe. 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. He further submitted that trouble has been arisen when the Chairman inspected the road put up in the area of the accused. Because, he is the Chairman of Sivagangai District and the above said Regunathapatti village comes under the Pudukottai District. Further, no one has sustained injury in the above said occurrence 1/3

and hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) for the respondent police submitted that because of the previous motive, trouble has been arisen between the parties and no one has sustained injury in this occurrence and the petitioner is not having no previous case. 5.Considering the facts and circumstances of the case and also considering the fact that no bad antecedents are reported against the petitioner and no one has sustained injury in the occurrence, 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, Court No.I, Singampunari, Sivagangai District, 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/- 23/06/2022 / TRUE COPY / /06/2022 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, COURT NO.I, SINGAMPUNARI, SIVAGANGAI DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 2/3

3 THE INSPECTOR OF POLICE, ULAGAMPATTI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11205 of 2022 Date :23/06/2022 RS/PN/SAR.4 (29.06.2022) 3P-5C 3/3