Mari v. The Inspector Of Police
CRL OP(MD). No.14441 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.14441 of 2022 Mari ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Mallanginar Police Station, Virudhunagar District.
Crime No.91 of 2022.. ... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan ,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.91 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 354(C), 427, 452, 323 I.P.C, in Crime No.91 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant's husband is working in outstation. The petitioner is her neighbour and prior to the occurrence, the petitioner misbehaved with the defacto complainant and it was warned by the elders. Again on 12.07.2022, at about 1030AM, when the defacto complainant was alone in the house, the petitioner came there and peeped through the window and knocked the door. It was warned by her husband. The accused persons abused and assaulted the defacto complainant and her husband. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.
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CRL OP(MD). No.14441 of 2022
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that after giving warning to the petitioner, again causing trouble to the defacto complainant. The petitioner is not having any bad antecedents.
5. Considering the overt act attributed against the petitioner, the petitioner is not having any bad antecedents, 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, Virudhunagar 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 JUDICIAL MAGISTRATE NO.I,VIRUDHUNAGAR. 2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE MALLANGINAR POLICE STATION, VIRUDHUNAGAR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14441 of 2022 Date :11/08/2022 PNM PKP/JM/SAR-2/24.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2