Gowtham v. The Inspector Of Police
CRL OP(MD). No.13639 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13639 of 2022 Gowtham ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Karur Town Police Station, Karur District.
Crime No.513/2022.
... Respondent/Complainant For Petitioner : MR.B.Santhanam Rajesh Kumar, 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.513/2022 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 448, 294(b), 323, 324 and 506(ii) I.P.C, in Crime No.513 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 23.07.2022, at about 11.30PM, on hearing noise, the defacto complainant came out of the house and warned the accused persons, in which, the accused persons criminally trespassed in the house of defacto complainant and assaulted him with an iron rod and hands. Hence, the complaint.
3. The learned Government Advocate (Crl.Side) submitted that the petitioner is having eight previous cases at his credit and produced a copy of list showing the previous cases.
4. The learned counsel for the petitioner submitted that the name of the petitioner's father is Manivannan, whereas, in the list produced by the respondent Police, the father's name is mentioned as https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.13639 of 2022 Masilamani. The respondent Police wrongly produced the list of cases and this petitioner is not having any previous case at his credit.
5. Considering the nature of offence, the overt act attributed against the petitioner, the petitioner is not having any bad antecedents, 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/- 11/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.
2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.
3 THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13639 of 2022 Date :11/08/2022 PNM MK/PN/SAR.II/24.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2