Kanishkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13483 of 2022 Kanishkumar ... Petitioner/Accused Vs
1. State rep.by The Inspector of Police, Thottiyam Police Station, Tiruchirappalli District.
(Crime No.168 of 2022)
2. The Sub Inspector of Police, Thottiyam Police Station, Tiruchirappalli District (Crime No.168 of 2022) ... Respondents/Complainants For Petitioner : M/s.Sudhagar Nagaraj.N, Advocate. For Respondents : 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.168 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506 (ii) of IPC, in Crime No.168 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to property dispute, the petitioner abused the defacto complainant in filthy language and also attacked and caused injuries to him. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent persons and he has been falsely implicated in this case. The petitioner has not committed any offence as alleged by the prosecution. He would further submit that in respect of the above said property dispute a suit in O.S.No.304 of 2018 is pending before the Principal Sub Court, Thiruchirapalli. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that no one has sustained injury in the alleged occurrence and no previous case is pending against the petitioner.
5.Considering the facts and circumstances of the case and also the fact that no one has sustained injury, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned District Munsif Cum Judicial Magistrate, Thottiyam, Trichirapalli District, and on his executing 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 on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sd/- 26/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA 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, THOTTIYAM, TRICHIRAPALLI DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI DISTRICT.
3. THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHIRAPPALLI DISTRICT.
4. THE SUB INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHIRAPPALLI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13483 of 2022 Date :26/07/2022 SP/JM/SAR I/03/08/2022/3P/6C