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Madras High CourtCRL OP(MD)/12061/2023granted

Murugesan v. The Inspector Of Police

2023-07-11Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Murugesan ... Petitioner/Accused No.1 Vs State, represented by The Inspector of Police, Thirugokarnam Police Station, Pudukkottai.

(Crime No.165 of 2023).

... Respondent/Complainant For Petitioner :

Mr.D.Rameshkumar, Advocate.

For Respondent :

Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.165 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/1st Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.165 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the husband of 1/3

the second accused herein. The petitioner said to have developed illegal intimacy with the second accused. When the same was questioned by the defacto complainant, the petitioner and the second accused assaulted him. Hence, the complaint.

3. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the second accused was granted regular bail by the learned Principal District Judge, Pudukkottai, in Crl.M.P No.2162 of 2023, dated 05.07.2023. Further he would submit that injured has been discharged from the hospital.

4. Considering the fact and circumstance of this case and considering that injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

5. 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.II, Pudukkottai, 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.

6. The petitioners shall appear before the concerned Magistrate within a period 2/3

of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUGOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12061 of 2023 Date :11/07/2023 RS/DD/SAR-(26.07.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3