Rajamarthandam v. The Inspector Of Police
CRL OP(MD). No.11164 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.11164 of 2022 Rajamarthandan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Salaigramam Police Station, Sivagangai District.
Crime.No.55/2022.
... Respondent/Complainant For Petitioner : Mr.Bharathi Kannan K R, 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.55 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(i) I.P.C, in Crime No.55 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 29.05.2022 at about 04.15 pm., the 1st accused caused assault to the defacto complainant over a petty issue. At the intervention of the neighbours, the defacto complainant was taken to the hospital. 3.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that both the groups under the intoxication mode made trouble with each other and caused injuries to either side. Because of that, the present case in Crime No.55 of 2022 has been registration and the counter case in Crime No.56 of 2022 has also been registered for the offences punishable under Sections 294(b), 323 and 506(i).
4.He would further submit that in both the cases, the injured has been discharged from the hospital on 01.06.2022 and no previous bad antecedents is reported against the petitioner. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.11164 of 2022 5.Considering the fact that it is a case and counter and the injured has been discharged from the hospital in both the cases, 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 Judicial Magistrate Court, Ilayangudi, 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 / /07/2022 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, ILAYANGUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.11164 of 2022 Date :23/06/2022 RS/PN/SAR.2 (01.07.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2