Kalyanam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kalyanam ... Petitioner/Accused Rank Not KNown Vs The State Rep. By, The Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District.

(Crime No. 534 of 2022).

... Respondent/Complainant For Petitioner : M/s. Krishna Sreethar.M, 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. 534 of 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, 355 and 506(i) of IPC, in Crime No.534 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was property dispute between the accused person and the husband of the defacot complainant. On 28.06.2022 at about 9.00 a.m., the accused person picked up quarrel with the defacto complainant and caused assault with cheppal. She sustained injury and taken to the hospital. 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.

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4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is property dispute between the parties and injured person in this case has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioner and 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, Thiruvidaimarudhur, Thanjavur 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.

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/- 08/07/2022 / 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, THIRUVIDAIMARUDHUR, THANJAVUR DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3. THE INSPECTOR OF POLICE, THIRUVIDAIMARUDHUR POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.M.KRISHNA SREETHAR, Advocate ( SR-6914[I] dated 12/07/2022 )

ORDER

IN CRL OP(MD) No.12365 of 2022 tm Date :08/07/2022 USK/SVR/SAR-II/20.07.2022/3P/6C 3/3