Vishal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vishal ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Thuvakkudi Police Station, Trichy District.

Cr.No.98/2022.

... Respondent/Complainant For Petitioner : M/S. DEEPAK.B, Advocate.

For Respondent : M/S.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.98/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 279, 429, 294(b) and 506(i) IPC, in Crime No.98 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a dispute between the accused and defacto complainant with regard to the growing of a dog and a case has been registered in CSR.No.166 of 2022 and the same is pending. During the pendency of the said case, the accused dashed against the dog of the defacto complainant by using vehicle, when it was questioned, there was a wordy quarrel arose between them. Hence, the complaint.

1/3

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been been falsely implicated in this case. He further submitted that the petitioner is ready to file an undertaking affidavit before the respondent police as well as the Court that he will not indulge in such activities in future.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is arrayed as A1 in this case and the investigation of the case is pending.

5. Considering the nature of offence, the overt act attributed against the petitioner and that the petitioner is ready to file an undertaking affidavit, 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 No.VI, Trichy, Trichy 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.

8. The petitioner must file an undertaking affidavit stating that he will not indulge this kind of offence in future before the concerned Magistrate Court and send another copy to the concerned Police Station.

9.If any violation is noticed after filing undertaking affidavit, anticipatory bail granted by this Court, shall stand automatically cancelled.

sd/- 21/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 2/3

TO 1.THE JUDICIAL MAGISTRATE NO.VI, TRICHY, TRICHY DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, THUVAKKUDI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.12514 of 2022 Date :21/07/2022 RK/JM/SAR-III/28.07.2022/3P/5C 3/3