Kaliraj @ Kalisamy v. The Inspector Of Police

CRL OP(MD). No.12202 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12202 of 2022 Kaliraj @ Kalisamy ... Petitioner/Accused No.2 Vs The State Rep. By, The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

Cr.No.378/2022.

... Respondent/Complainant For Petitioner : M/s.Saravanakumar.P, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Antcipatory Bail in Cr.No.378/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 352, 387, 506(ii) I.P.C, in Crime No.378 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.06.2022, when the defacto complainant was returning to his house after attending function at about 11.30PM, the accused persons were prevented him from taken the bag, when the same was objected by him, he was abused by them with filthy language and also assaulted by them. On hearing the alarm, the defacto complainant's brother came to the occurrence spot and at that time the accused persons had snatched Rs.5,000/-. Hence, the complaint.

3. The learned counsel for the petitioner submitted that in the function the defacto complainant was found in drunken mood. Due to that quarrel arose between them, except that nothing is happened as mentioned in the FIR.

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CRL OP(MD). No.12202 of 2022

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is not having any bad antecedents and the investigation is not yet completed.

5. Considering the nature of offence and that the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Cr.No.378 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, 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.

8. 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/- 20/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.

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

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

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

ORDER

IN CRL OP(MD) No.12202 of 2022 Date :20/07/2022 pnm USK/SVR/SAR-I/28.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2