Thangavel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Thangavel ... Petitioner/Accused No.4 Vs The State Rep.by The Inspector of Police, Moondradaippu Police Station, ( Crime.No.61 of 2022) ... Respondent/Complainant For Petitioner : M/s.Susi Kumar C, 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 Cr.No.61/2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A-4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 427, 307 and 506(ii) IPC, in Crime No.61 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused abused the defacto complainant in filthy language and threatened him with dire consequences and caused damage worth about Rs.30,000/-. 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 a case in counter has been registered against the defacto complainant in Crime No.60 of 2022 and this Court had granted anticipatory bail to the co-accused in the above said Crime number in Crl.O.P(MD).No.10433 of 2022 dated 13.06.2022.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that no one was injured in the incident.
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5.Considering the nature of charges levelled against the petitioner and also the facts that no one was injured in the incident, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the Madurai Bench of Madras High Court Advocates Welfare Fund [Indian Bank High Court Branch, Madurai, Current Account No.7087208431, IFSC IDIBI000H040] without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Nanguneri.
7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Nanguneri, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five 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., 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.
8.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 22/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tta 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, Nanguneri.
2.-do-Through The Chief Judicial Magistrate, 2/3
3. The Inspector of Police, Moondradaippu Police Station,
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The officers In-Charge, Advocates Welfare Fund, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.11065 of 2022 Date :22/06/2022 RD/SKN/SAR-I (30.06.2022) 3P 6C 3/3