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Madras High CourtCRL OP(MD)/12224/2022granted

Manikandan.K v. The Inspector Of Police

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

CRL OP(MD). No.12224 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.12224 of 2022 1.K.Manikandan 2.M.Indhra ... Petitioners/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, Melur Police Station, Madurai District.

Crime.No.335 of 2022.

... Respondent/Complainant For Petitioners : M/s.K.Abdul Kadhar, Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.335 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 341, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.335 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute between the two parties with regard to pathway, in which, the petitioners have abused the defacto complainant in filthy language and also threatened her with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that this is a case and counter case and the counter case has been registered against the defacto complainant in Crime No.334 of 2022 on the file of the respondent police. He would further submit that both the petitioners are husband and wife. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12224 of 2022 5.Considering the nature of offence, the overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Melur, Madurai District, on condition that the petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.ABDUL KADHAR, Advocate ( SR-6851[I] dated 11/07/2022 )

ORDER

IN CRL OP(MD) No.12224 of 2022 Date :07/07/2022 RS/VR/SAR.3 (12.07.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2