Rajthilak v. The Sub Inspector Of Police
CRL OP(MD). No.12223 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.12223 of 2022 Rajthilak ... Petitioner/Sole Accused Vs The State rep.by The Sub Inspector of Police, Uthamapalayam Police Station, Theni District.
Cr.No.201/2022.
... Respondent/Complainant For Petitioner : M/s.SUNDARAPANDIAN.S, 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 Cr.No.201/2022 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), 324 and 506(ii) I.P.C, in Crime No.201 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 18.06.2022 at about 1.30AM on hearing the noise, the defacto complainant and his wife came out of the house. At that time the petitioner was found in drunken mood, abused them in filthy language and assaulted them with wooden log and also criminally intimidated them. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The petitioner and the defacto complainant are close relatives, due to petty issue this case has been given against him.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured has been discharged from the hospital and that the defacto complainant was in drunken mood at the time of occurrence.
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CRL OP(MD). No.12223 of 2022
5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.
6. 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 learned Judicial Magistrate, Uthamapalayam 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/- 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 UTHAMAPALAYAM, THENI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12223 of 2022 Date :20/07/2022 SA/VR/SAR.1/29.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2