Kamal @ Kamalanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kamal @ Kamalanathan ... Petitioner/Accused No.2 Vs The State Rep.by The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Cr.No.316/2022) ... Respondent/Complainant For Petitioner : M/s. Rameshkumar.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 Cr.No.316/2022 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 307 I.P.C, in Crime No.316 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 12.07.2022 when the defacto complainant was in house, one Deepa contacted over phone and stated that the complaint is to give to the police station by Murali and picked up quarrel and that she contacted her husband and enquired the same and that was objected by the husband. In such circumstances, at about 12.00 am the accused persons came there and 1/3

picked up quarrel with the defacto complainant and also caused assault by using iron rod and Aruval and also abused in filthy language.

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 there is no previous case against the petitioner and the injured person has been discharged from the hospital.

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, 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/- 02/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR. 2/3

3. THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.S.RAMESH KUMAR, Advocate ( SR-8156[I] dated 04/08/2022 )

ORDER

IN CRL OP(MD) No.13575 of 2022 Date :02/08/2022 RK/PN/SAR-I (05/08/2022) 3P 6C 3/3