Madras High CourtCRL OP(MD)/13379/2022granted

Jamesrajan v. The Inspector Of Police

2022-07-25Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13379 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13379 of 2022 Jamesrajan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

Crime.No. 204 of 2022.

... Respondent/Complainant For Petitioner : M/s.PALANI VELAYUTHAM.S, 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. 204 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 294(b), 324 and 506(ii) I.P.C, in Crime No.204 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 11.07.2022, the defacto complainant went to his friend funeral function and at that time, the petitioner came there in a drunken mood and picked up quarrel with the defacto complainant. On the next day ie., on 12.07.2022 when the defacto complainant was in house, the petitioner went there and attacked the defacto complainant by using Aruval and caused injuries. 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.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to the previous motive the said occurrence was taken place and the injured person has been https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13379 of 2022 discharged from the hospital and the investigation of the case is pending.

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital, 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 No.I, Nagercoil, Kanyakumari 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 stands dismissed.

sd/- 25/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL, KANYAKUMARI DISTRICT.

2 DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT.

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

+1. CC to M/S. PALANI VELAYUTHAM.S Advocate SR.No.7761 ORDER IN CRL OP(MD) No.13379 of 2022 Date :25/07/2022 SA/VR/SAR.2/01.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2