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Madras High CourtCRL OP(MD)/12576/2022granted

Adaikalaraj v. The Inspector Of Police

2022-07-13Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Adaikalaraj 2.Mariaselvam 3.Antony Raj 4.Arulanandu Ayyer @ Arulanandu Soosai ... Petitioners/ Accused Nos.1 & 4 Vs The State rep.by, The Inspector of Police, Nagudi Police Station, Pudukkottai District.

(Crime No.131 of 2022) ... Respondent/Complainant For Petitioner : Mr.M.Suresh 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.131 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii), in Crime No.131 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 30.06.2022 at about 10.00 p.m., the defacto complainant found that his fence was damaged. Thereafter, he made an enquiry about the damage to the accused persons, at that time a wordy quarrel arose between the 1/3

petitioners and the defacto complainant. As a result of which, the petitioners attacked the defacto complainant and his mother with deadly weapons and caused injuries to them. Hence, the complaint. 3.The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that in respect of the very same occurrence, FIR in Crime No.132 of 2022 has been registered against the defacto complainant and others.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against these petitioners and also submitted that the injured has been discharged from the hospital.

5.Considering the facts and the circumstances of this case and also of the fact that it is a case in counter and the injured person has been discharged from the hospital, this Court is inclined to grant bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Aranthangi, and on his executing 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 on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 13/07/2022 / 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.

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TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE NAGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12576 of 2022 Date :13/07/2022 TTA MK/VR/SAR.I/27.07.2022/3P/5C 3/3