Gulasekaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gulasekaran ... Petitioner/Sole Accused Vs 1.State Rep.by The Inspector of Police (Circle), Kadayanallur, Tirunelveli District.
2.The Sub Inspector of Police, Sendhamaram Police Station, Tirunelveli District.
Cr.No.198/2022.
... Respondents/Complainants For Petitioner : M/s.Vishnuvardhanan.P.M, Advocate.
For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.198/2022 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 offence punishable under Sections 294(b) and 323 of I.P.C, in Crime No.198 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that previous enmity exists between two groups of people over the construction of Pillaiyar Temple in their village. As a consequence of the above on 11.06.2022 at about 09.00 a.m., when the defacto complainant along with his wife was in his house, the accused came there, abused them in filthy language and cause assaulted them with hands and wooden logs and when the neighbours came there, the accused fled away from the place of occurrence. 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. On the earlier occasion, the petitioners were assaulted by the 1/3
defacto complainant party, over which the a case in Crime No.184 of 2022, has been registered on 20.05.2022. As a counter blast only, this complaint has been given.
4.The learned Additional Public Prosecutor submitted that the injured person in this case been discharged from the hospital on 17.06.2022.
5.Considering the facts and circumstances of the case, trouble arose only due to the construction of a Pillaiyar Temple in their village, it is a case in counter case and injured person in this case 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, Tenkasi, 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/- 12/07/2022 / 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, TENKASI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 2/3
3 THE INSPECTOR OF POLICE (CIRCLE), KADAYANALLUR, TIRUNELVELI DISTRICT.
4 THE SUB INSPECTOR OF POLICE, SENDHAMARAM POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-7006[I] dated 13/07/2022 )
ORDER
IN CRL OP(MD) No.12520 of 2022 Date :12/07/2022 RS/PN/SAR.3 (19.07.2022) 3P-7C 3/3