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Madras High CourtCRL OP(MD)/11279/2022granted

Muthupandi v. The Inspector Of Police

2022-07-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11279 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11279 of 2022

1. Muthupandi

2. Mahalakshmi

3. Vanamuthu ... Petitioners/Accused No.1,2&4 Vs The State Rep. By, The Inspector of Police, Varusanadu Police Station, Theni District.

Crime No.82 of 2022.

... Respondent/Complainant For Petitioners : Mr.Susi Kumar C, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.82 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1, 2 and 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(ii) and 109 I.P.C. r/w Section 4 of Prohibition of Harassment of Women Act, 2002 in Crime No.82 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the cows of the accused persons entered into the mangrove of the defacto complainant and when it was questioned by the defacto complainant, she was criminally intimidated and was also assaulted with wooden log. At the intervention of the neighbours, further assault was averted. She was admitted in the hospital and 5 stitches have been made. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11279 of 2022 3.On the previous occasion, when the matter was taken up for hearing, the learned Government Advocate (Crl.side) for the respondent submitted that the petitioner is involved in another case in Crime No.58 of 2022, which is also an assault case. 4.The learned counsel for the petitioners submits that the petitioners are ready to file an undertaking affidavit stating that they will not make any trouble to the defacto complainant. 5.However, considering the fact that the petitioners have already involved in similar assault case, they are not entitled for the discretionary relief of granting anticipatory bail. The petitioners are directed to surrender before the respondent police and get the regular bail.

6.With the aforesaid liberty and direction, this Criminal Original Petition is dismissed.

sd/- 08/07/2022 / 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 INSPECTOR OF POLICE, VARUSANADU POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11279 of 2022 Date :08/07/2022 MM USK/JM/SAR-III/20.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2