Murali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14179 of 2022 Murali ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.316 of 2022).

... Respondent/Complainant Alageshwari ... Petitioner/Intervener (in Crl.M.P.(MD)No.10500/2022) 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 Crime No.316 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), 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 his house, at about 12.00 am the accused persons came there and 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. Co-accused was already enlarged on anticipatory bail by this Court in Crl.OP(MD)No.13575 of 2022.

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 and the co-accused was also enlarged on bail, 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/- 01/09/2022 / TRUE COPY / 07/09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM

TO

1. THE JUDICIAL MAGISTRATE NO.1, KARUR.

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

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

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

ORDER

IN CRL OP(MD) No.14179 of 2022 Date :01/09/2022 SP/SVR/SAR I/07/09/2022/3P/5C