Santhosh @ Santhosh Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Santhosh @ Santhosh Kumar, ... Petitioner/Accused No.2 Vs State Rep by The Inspector of Police, Thuvarankurichi Police Station, Trichy District.
Crime.No.135/2022.
... Respondent/Complainant For Petitioner : Mr. Pitchai Muthu.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.135 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner is facing charges under Sections 294(b), 324 and 506(i) IPC in Crime No.135 of 2022 on the file of the respondent police.
2.The case of the prosecution is that the defacto complainant's daughter was studying in the Government Higher Secondary School, Thuvarankurichi, and used to travel through a bus for the school. On 07.07.2022 at about 09.20 am., some three persons by following her in a two wheeler abused her in filthy language, scolded her and also caused assault. Over the aforesaid occurrence, the present case has been registered against three persons, among which this petitioner 1/3
is arrayed as 2nd accused.
3.The learned Government Advocate (Crl.side) for the respondent would submit that the accused 1 and 3 are the juveniles and they were enlarged in custody. Insofar as this petitioner is concerned, no previous bad antecedents is reported against him. 4.On the previous occasion, the learned Government Advocate (Crl.side) was required to get information as to whether the petitioner was available at the time of occurrence. Now, he would submit that the petitioner was available at the time of occurrence. 5.Considering the fact that no previous 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 the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Manapparai, 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 shall stand dismissed.
sd/- 08/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MM 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.
2/3
To
1. The Judicial Magistrate, Manapparai, Trichy District.
2. Do Through The Chief Judicial Magistrate, Trichy.
3. The Inspector of Police, Thuvarankurichi Police Station, Trichy District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No.12907 of 2022 08.08.2022 TR/PN/SAR-III(17.08.2022) 3P 5C 3/3