Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Raja ... Petitioner/Accused Rank Not Known Vs The State Rep. By, The Inspector of Police, Courtallam Police Station, Tenkasi District.

Cr.No.256/2022.

... Respondent/Complainant For Petitioner : M/s.Saravanakumar.C, 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. 256/2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/ Accused,, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 353, 332 and 506(ii) IPC, in Crime No.256 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 06.07.2022 at about 12.30 a.m., the accused came into courtallam 5 falls parking area permanently removing the barricade, which was objected by the defacto complainant, who is working as a police at Aiykudi Police Station. Due to that, the accused abused him, attacked him and deterred him with discharging his duties. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that co-accused have already been granted anticipatory bail by this Court in Crl.O.P(MD).No.13495 of 2022, dated 26.07.2022 and the investigation of the case is pending.

5. Considering the above facts and circumstances and also the nature of the dispute and also the facts that the injured has taken treatment as out-patient for simple injury and that except the offences under Sections 332 and 506(2) IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Shenkottai, Tenkasi District.

7. On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Shenkottai, Tenkasi District, on condition that the petitioners shall execute 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 on further condition that the petitioners shall stay at Thoothukudi and report before the Inspector of Police, SIPCOT Police Station, Thoothukudi, daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

8. 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/- 27/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SHENKOTTAI, TENKASI DISTRICT.

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

3. THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, TENKASI DISTRICT.

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

COPY TO :

THE OFFICER-INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, GOVERNMENT OF TAMIL NADU, SECRETARIAT BRANCH, CHENNAI-9.

+1 CC to M/s.C.SARAVANAKUMAR, Advocate (SR-7733[I] dated 27/07/2022 )

ORDER

IN CRL OP(MD) No.13495 of 2022 Date :27/07/2022 TRP USK/VR/SAR-III/02.08.2022/3P/7C 3/3