Madras High CourtCRL OP(MD)/14194/2022granted

Chinnathambi v. The Inspector Of Police

2022-08-24Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14194 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14194 of 2022

1. Chinnathambi

2. Muthukumar ... 1 & 2 Petitioners/Accused No.2 & 3 Vs The State rep.by, The Inspector of Police, Vedasandur Police Station, Dindigul District (Crime No.195 of 2022) ... Respondent/Complainant For Petitioner : MR.S.Sarvagan Prabhu, 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.195 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(2) IPC in Crime No.195 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that accused persons refused to handover the key of one Perumal Koil for the purpose of cleaning. Over the above said issue, on 28.07.2022 at about 8.00 a.m., there was a trouble created by the accused persons by trespassing into the house of the defacto complainant and also assaulted him.

3. The learned counsel for the petitioners submitted that in respect of the very same occurrence a case has been registered in Crime No.197 of 2022 and the petitioners are innocent and they have been falsely implicated in this case.

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CRL OP(MD). No.14194 of 2022

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured person has been discharged from the hospital and it is a case and case in counter.

5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Vedasandur, Dindigul District on condition that the each of 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 petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 24/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE VEDASANDUR POLICE STATION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate (SR-8928[I] dated 24/08/2022) ORDER IN CRL OP(MD) No.14194 of 2022 Date :24/08/2022 TRP MK/VR/SAR.IV/05.09.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2