Balamurugan @ Bala v. The Inspector Of Police
CRL OP(MD). No.11135 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11135 of 2022 Balamurugan @ Bala ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Sellur Police Station, Madurai City, Madurai District.
Crime No.453 of 2022.
... Respondent/Complainant For Petitioner : M/s.Alexander J, 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.453 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 341, 294(b), 323, 324 and 506(ii) of I.P.C, in Crime No.453 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 17.06.2022, due to the previous enmity between the husband of the defacot complainant and the petitioner, the petitioner said to have assaulted and stabbed the defacto complainant with blade and caused injury to him. 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 the injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) for the respondent police submitted that the during the year the elder daughter of the defacto complainant was in love with the one Bala, who is the petitioner herein. After a police complaint, she was married to another man. Due to that motive. The petitioner assaulted the husband of the defacto complainant and caused injury. The injured https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.11135 of 2022 has been discharged from the hospital and no bad antecedents are reported against the petitioner.
5.Considering the facts and circumstance of the case and also considering the fact the injured person has been discharged from the hospital and no bad antecedents are reported against the petitioner, 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 II, Madurai 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 NO.II, MADURAI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI CITY, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.ALEXANDER, Advocate ( SR-6047[I] dated 23/06/2022 ) ORDER IN CRL OP(MD) No.11135 of 2022 Date :23/06/2022 RS/PN/SAR.1 (29.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2