M.Sivasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN M.Sivasubramanian ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Thottiyam Police Station, Trichy District.

Crime.No.147 of 2022.

... Respondent/Complainant For Petitioner : M/s. Sudhagar Nagaraj.N, 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.147 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 offenceS punishable under Sections 294(b), 324 and 506(ii) of I.P.C, in Crime No.147 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the son-in-law of one Jeyalakshmi and there was family dispute between the mother and her son, who is the accused herein. On 25.06.2022, at about 07.20 p.m, when his mother-in-law along with her daughter and the defacto complainant went to the house of the petitioner for getting medical sheet, the accused person prevented them from entered into the house and caused assault and criminally intimidated them. The injured was taken to the 1/3

hospital. In respect of very same occurrence, counter case has been registered in Crime No.146 of 2022 against the defacto complainant and stating that after getting the above said prescription sheet, the door of the Motor Room was locked by them. When that was questioned, the petitioner was assaulted. So, it is seen that case and case in counter, both have injured and later, discharged from the hospital.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that it is a case and case in counter and injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that insofar as the first petitioner is concerned, he is having 1 previous case similar in nature. 5.The learned counsel for the petitioner submitted that it is also with regard to the above said family issue. 6.Considering the facts and circumstances of the case and also considering the fact that it is a case and case in counter, the petitioner also sustained injury in the above said occurrence, and the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 7.

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 District Munsif Cum Judicial Magistrate, Thottiyam, Trichirappalli District, 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/- 21/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 2/3

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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIYAM, TRICHIRAPPALLI DISTRICT..

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.12183 of 2022 Date :21/07/2022 RK/JM/SAR-III/28.07.2022/3P/5C 3/3