Madras High CourtCRL OP(MD)/13080/2022granted

Sathishkumar v. The Inspector Of Police

2022-07-20Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13080 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13080 of 2022 Sathishkumar ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, K.Paramathi Police Station, Karur District.

Crime No.103 of 2022. ... Respondent/Complainant For Petitioner : M/s.GOKULRAJ S, 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 Crime No.103 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 279, 337, 294(b), 323, 353 I.P.C, in Crime No.103 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a driver in TNSTC and on 14.07.2022 at about 08.30PM, when he was driving the bus bearing registration No.TN 45 N 3946 from east to west in Karur to Kovai NH 81, at that time in the opposite direction the accused drove in a lorry, in a rash and negligent manner and dashed against the bus, in which, two persons sustained injuries. While waiting for Ambulance, the accused abused the defacto complainant in filthy language and assaulted him with leg. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The defacto complainant assaulted the petitioner and he was admitted in the hospital for treatment.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that so far no counter case has been registered against the defacto complainant. However, the petitioner is not having any bad antecedents.

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CRL OP(MD). No.13080 of 2022

5. Considering the facts and circumstances of the case and that the petitioner is not having any bad antecedents against him, 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 District Munsif cum Judicial Magistrate, Aravakuruchi, Karur 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 / 21/07/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARAVAKURICHI, KARUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, KARUR DISTRICT.

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

+1. CC to M/S.GOKULRAJ S Advocate SR.No.7389 ORDER IN CRL OP(MD) No.13080 of 2022 Date :20/07/2022 SA/PN/SAR.3/21.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2