Mohammed Bagath v. The Inspector Of Police
CRL OP(MD). No.14006 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14006 of 2022 Mohammed Bagath ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.
Crime No.134 of 2022.
... Respondent/Complainant For Petitioner : Mr.M.Pandian, 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.134 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), 323 and Section 4 of TNPHW Act in Crime No.134 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant lodged a complaint stating that there was a matrimonial dispute between the petitioner and the defacto complainant's sister, over the said occurrence, a case was registered on 16.07.2022. During the pendency of the above said enquiry, on 27.07.2022, at about 12.30 he came to the house of the defacto complainant and caused damage to the house properties worth about Rs.1000/- and the investigation is pending. 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.
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CRL OP(MD). No.14006 of 2022
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner caused damage to the property belong to the defacto complainant worth Rs.1000/- and the investigation is pending.
5. Considering the nature of offence, the overt act attributed against the petitioner, 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, Ramanathapuram, 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 on further condition that the petitioner shall deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Crime No. 134 of 2022 on the file of the above said 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/- 03/08/2022 / 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, RAMANATHAPURAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.PANDIAN, Advocate ( SR-8149[I] dated 04/08/2022 ) ORDER IN CRL OP(MD) No.14006 of 2022 Date :03/08/2022 TRP MK/JM/SAR.I/11.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2