Lakshmanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S.Lakshmanan, ... Petitioner/Sole Accused Vs The State, represented by The Inspector of Police, Nazareth Police Station, Thoothukudi District.
(Crime No.53 of 2023).
... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, Advocate. For Respondent : Mr.S.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.53 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 341, 294(b), 324 1/4
and 506(ii) of IPC, in Crime No.53 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 wife of this petitioner. On the date of occurence, she was tried to be assaulted with Aruval, she escaped from the assault and the petitioner snatched the mobile phone and Rs.5,000/-. Hence, the complaint.
3. On 04.07.2023 the petitioner was directed by this Court to inform the custody of the articles as well as the money.
4. The learned counsel for the petitioner would submit that the petitioner is not having the above said articles and money. Further he would submit that false complaint has been foisted by the defacto complainant.
5. The learned Government Advocate (Crl. Side) for the respondent Police submitted that it is the matrimonial issue and there is no previous case pending against the petitioner and injured has been discharged from the hospital.
6. 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.
7. 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 2/4
learned Judicial Magistrate, Sathankulam, Thoothukudi District, on condition that the petitioner shall deposit Rs.15,000/- to the credit of this crime number before the trial Court and 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.
8. The petitioners 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/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE JUDICIAL MAGISTRATE, SATHANKULAM, THOOTHUKUDI DISTRICT.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
THE INSPECTOR OF POLICE NAZARETH POLICE STATION THOOTHUKUDI THOOTHUKUDI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.RAJABOOPATHY, Advocate ( SR-10576[I] dated 12/07/2023 )
ORDER
IN CRL OP(MD) No.12075 of 2023 Date :11/07/2023 PKP/MMS/SAR- /25.07.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4