A.Abdul Hakim v. The Inspector Of Police

CRL OP(MD). No.11167 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.11167 of 2022 A.Abdul Hakim ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Oddanchatram Police Station, Oddanchatram, Dindigul District.

(Crime No.124 of 2022).

... Respondent/Complainant For Petitioner : M/s.Sulaihafarveen A, 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.124 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Soel Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(2) of I.P.C, in Crime No.124 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are husband and wife. On 05.03.2022, at about 08.00 p.m, over the domestic issue, quarrel arose between the petitioner and the defacto complainant. Over which, the petitioner said to have assaulted the defacto complainant. In that process, the son was also assaulted and abused in filthy language. 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 petitioner advised his son to prepare a UPSC exam and found a good job. Further, now, the defacto complainant and the petitioner are living in the same house and there is no trouble between them. Hence, he prays for grant of anticipatory bail to the petitioner.

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CRL OP(MD). No.11167 of 2022 4.The learned Government Advocate (Crl. Side) for the respondent police submitted that due to the domestic issue, trouble arose between the petitioner and the defacto complainant. 5.Considering the facts and circumstance of the case and also considering the fact that it is a domestic issue, 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, Oddanchatram, Dindigul 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, ODDANCHATRAM, DINDIGUL DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE STATION, ODDANCHATRAM, DINDIGUL DISTRICT.

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

+1 CC to M/s.R.VIGNESH, Advocate ( SR-6091[I] dated 24/06/2022 ) ORDER IN CRL OP(MD) No.11167 of 2022 Date :23/06/2022 RS/VR/SAR.2 (29.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2