Narayanasamy @ Mani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Narayanasamy @ Mani, ... Petitioner/Accused No.4 Vs THE STATE REP BY, The Inspector of Police, Nachiyarkoil Police Station, Thanjavur District.
Crime No.408 of 2022.
... Respondent/Complainant For Petitioner : MR.M.Karunanithi, 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.408 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 & 506(ii) of IPC, in Crime No.408 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that because of some trouble in the administration of village temple, on 16.06.2022, at about, 09.30 p.m, the defacto complainant was assaulted by the accused persons with the wooden log and hands. When neighbours gathered, the accused persons fled away from the place of occurrence. Based on the compliant given by the defacto complainant, case has been registered against the accused persons.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submitted that the injured has sustained only 1/3
simple injury and co-accused were already released on bail. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that the injured has sustained only simple injury and co-accused were already released on bail. Further, no previous case is pending against the petitioner.
5.Considering the facts and circumstances of the case and also considering the fact that the co-accused were released on bail and no previous case is reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the first petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District, on condition that the first petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the first petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The first petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7.The first 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/- 30/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS 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.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM, THANJAVUR DISTRICT.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE NACHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-6387[I] dated 30/06/2022 )
ORDER
IN CRL OP(MD) No.11618 of 2022 Date :30/06/2022 PKP/SVR/SAR-1/07.07.2022/3P/6C 3/3