Tiruppathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Tiruppathi ... Petitioner/Accused (Rank Not Known) Vs The State Rep. By, The Inspector of Police, Valanadu Police Station, Trichy District.

Cr.No.113/2022.

... Respondent/Complainant For Petitioner : M/s. Pitchai Muthu.M, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.113/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused (Rank Not Known), apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(i) of I.P.C, r/w Section 4 of TNPWH Act, in Crime No.113 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the complaint given by the defacto complainant is that there was dispute between herself and the accused person over the purchase of land. On 13.07.2022, at about 01.00 a.m, in the night hours, the accused person came there in drunken mode and abused her in filthy language and criminally intimidated her. She was also assaulted with iron rod and with hands. Over which, present case has been registered against the petitioner.

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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 injured was discharged from the hospital and no bad antecedents is reported 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 because of the above said land dispute between the accused and the defacto complainant, trouble has been arisen. The injured was discharged from the hospital and no bad antecedents is reported against the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that it is a land dispute between the accused and the defacto complainant, the injured was discharged from the hospital and no bad antecedents 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, Manapparai, Trichy, 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/- 20/07/2022 / 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, MANAPPARAI, TRICHY.

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

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

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

ORDER

IN CRL OP(MD) No.13048 of 2022 Date :20/07/2022 dss USK/SVR/SAR-I/28.07.2022/3P/5C 3/3