Madras High CourtCRL OP(MD)/14448/2022granted

A.Arunkumar v. The Inspector Of Police

2022-08-11Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14448 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14448 of 2022 A.Arunkumar ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Peravurani Natham Police Station, Thanjavur District (Crime No.172 of 2022) ... Respondent/Complainant For Petitioner : MR.J.Senthil Kumaraiah, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.172 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, 324 and 506(ii) I.P.C and Section 4 of TNPHW Act, in Crime No.172 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was matrimonial dispute between the petitioner and the daughter of the defacto complainant and they were living separately, over which, the petitioner scolded the defacto complainant's daughter and criminally threatened her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and falsely implicated in this case. Based on the matrimonial dispute between the parties, this case has been foisted.

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CRL OP(MD). No.14448 of 2022

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner married the daughter of the defacto complainant and due to dispute between the husband and wife, this case has been lodged against the petitioner.

5. Considering the facts and circumstances of the case, nature of offence, the dispute between the parties, 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 District Munsif cum Judicial Magistrate, Peravurani, 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/- 11/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAVURANI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE PERAVURANI NATHAM POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate (SR-8467[I] dated 12/08/2022) ORDER IN CRL OP(MD) No.14448 of 2022 Date :11/08/2022 PNM MK/VR/SAR.IV/24.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2