Dhasvin 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 CRL OP(MD). No.13525 of 2022 Dhasvin ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Dindigul Town West Police Station, Dindigul District.

(Crime No.192/2022).

... Respondent/Complainant For Petitioner : M/s.Muruganantham.K, Advocate. For Respondent : M/s.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.192/2022 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 147, 148, 323, 324 and 506(2) IPC in Crime No.192 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.07.2022 at about 10.00 pm, there was a wordy quarrel between the defacto complainant's brother and the first accused and in the above said quarrel, the mother of the defacto complainant fell down and sustained injuries. She was taken to the hospital. Subsequently, there was compromise arrived between the parties. Because of the warning on 21.07.2022, at about 2.00 pm the accused persons came to the house of the defacto complainant and caused assault with stick and stones. Hence, 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 the injured person has been 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, Dindigul 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/- 27/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S. MURUGANANTHAM.K Advocate SR.No.7744

ORDER

IN CRL OP(MD) No.13525 of 2022 Date :27/07/2022 SP/SVR/SAR IV/02/08/2022/3P/6C