Muthupandi v. The Inspector Of Police

CRL OP(MD). No.12695 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12695 of 2022 Muthupandi ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Mathur Police Station, Pudukkottai District.

Crime No.98 of 2022.

... Respondent/Complainant For Petitioner : M/s.ARUNRAJ.K, 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.98 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC I.P.C r/w Section 4 of Tamilnadu Prohibition of Women Harassment Act, in Crime No.98 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's wife was working in one Real Estate Company in Trichy 7 years back. At that time she has cordial relationship with the first accused. On 05.07.2022, the defacto complainant and his wife were returning to their house at 10.15 p.m, the accused persons came there and tried to misbehave with the wife of the defacto complainant. When the same was objected, the accused persons said to have assaulted the defacto complainant with hands and also stolen Rs.10,000/- from the purse of the defacto complainant. Based upon the above said occurrence, case has been registered against the accused persons.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the co-accused was released on bail by the concerned Court and no previous case is pending against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous case is pending against https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12695 of 2022 the petitioner and the co-accused was granted regular bail by the concerned Court.

5. Considering the facts and circumstances of the case and alo considering the fact that co-accused was granted regular bail and no bad antecedents is reported against the petitioner, 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, Keeranur, 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/- 14/07/2022 / 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, KEERANUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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

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

ORDER IN CRL OP(MD) No.12695 of 2022 Date :14/07/2022 SA/VR/SAR.3/19.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2