Thavapandiyan v. The Inspector Of Police

CRL OP(MD). No.11650 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11650 of 2022 Thavapandiyan ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

Crime.No.285 of 2022.

... Respondent/Complainant For Petitioner : Mr.Pothiyazhagan, 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.285 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 448 and 506(ii) of IPC, in Crime No.285 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a practicing advocate and his paternal aunty's daughter married the petitioner. Due to matrimonial dispute, they are living separately. On 13.06.2022 at 13.30 hrs, the petitioner came to the office of the defacto complainant and abused him in filthy language and also threatened him by showing weapon because of the H.M.O.P.No.70 of 2022, was filed by him before the Family Court, Kovilpatti. Hence, the complaint.

3. The learned counsel for the petitioner submitted that even now the petitioner is ready to live with her wife. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there was a matrimonial dispute pending between the petitioner and his wife, due to which, the occurrence said to have taken place.

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CRL OP(MD). No.11650 of 2022 5.Considering the facts and circumstance of the case and also undertaking given by the petitioner that he is ready to live with his wife is placed on record, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Kovilpatti, 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/- 30/06/2022 / 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 NO.I, KOVILPATTI, THOOTHUKUDI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.POTHIYAZHAGAN, Advocate ( SR-6360[I] dated 30/06/2022 ) ORDER IN CRL OP(MD) No.11650 of 2022 Date :30/06/2022 USK/JM/SAR-IV/07.07.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2