Alagappan v. The Inspector Of Police

CRL OP(MD). No.11370 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11370 of 2022 Alagappan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

Crime No.217 of 2022.

... Respondent/Complainant For Petitioner : M/s.Ebenezer T.A, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.217 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 448, 294(b), 307, 506(ii) and 109 IPC in Crime No.217 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to business motive, the petitioner instigated the 2nd accused to abuse, attack and threaten the defacto complainant, he has entered into the shop of the defacto complainant with Aruval and attacked 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.

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no previous case against the petitioner and no one has injured. He would further submit that the 2nd accused has already been arrested and remanded to judicial custody.

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CRL OP(MD). No.11370 of 2022 5.Considering the facts and circumstances of the case and also considering the fact that no one has injured and that the petitioner is not having any previous case and that the co-accused has already been remanded to custody, 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, Sathankulam 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 on further condition that 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/- 27/06/2022 / TRUE COPY / /06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.T.A.EBENEZER, Advocate ( SR-6188[I] dated 27/06/2022 )

ORDER

IN CRL OP(MD) No.11370 of 2022 Date :27/06/2022 RS/VR/SAR.1 (29.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2