Madras High CourtCRL OP(MD)/12174/2022granted

Chellaiah @ Muthaiah v. The Inspector Of Police

2022-07-07Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12174 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12174 of 2022 Chellaiah @ Muthaiah ... Petitioner/Accused No.4 Vs The State rep.by The Inspector of Police, Puliyangudi Police Station, Tenkasi District.

Crime No.266 of 2022. ... Respondent/Complainant For Petitioner : Mr.MANI ANANDH.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 Anticipatory Bail in Crime No.266 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 294(b), 323, 324 and 506(ii) IPC in Crime No.266 of 2022 on the file of the respondent police.

2.The case of the prosecution is that on 22.06.2022 at about 08.30 pm., one Sekar, S/o.Sudalai dashed against the lamp post. That was questioned by the defacto complainant's father, over which there was enmity between the two groups. At about 09.45 pm., the accused persons came to the house of the defacto complainant, picked up a quarrel and caused assault to the defacto complainant. 3.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that one person was injured and the injury is simple in nature. He would further submit that the injured has been discharged from the hospital on the same day of admission itself and no previous bad antecedent is reported against the petitioner.

4.Considering the fact that the injured has been discharged from the hospital and no previous bad antecedent is reported against https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12174 of 2022 the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

5.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, Sivagiri, 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.

6.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 shall stand dismissed.

sd/- 07/07/2022 / 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, SIVAGIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TENKASI DISTRICT.

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

ORDER IN CRL OP(MD) No.12174 of 2022 Date :07/07/2022 SA/VR/SAR.3/18.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2