A.Muruganandham v. The Inspector Of Police
CRL OP(MD). No.14476 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14476 of 2022 A.Muruganandham ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Koomapatti Police Station, Viruthunagar District.
(In Crime No.103/2022)..
... Respondent/Complainant For Petitioner : M/s.Malaikani S, 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.103/2022 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 448, 294(b), 323 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.103 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous motive the petitioner trespassed into the house of the defacto complainant, abused him in filthy language and also criminally intimidated him the wife of the defacto complainant, when she came to rescue him. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Co-accused was already enlarged on bail by this Court in Crl.OP(MD)No.13886 of 2022. 4.The learned Government Advocate (Crl.Side) submitted that only simple injury caused to the injured and the investigation of the case is pending.
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CRL OP(MD). No.14476 of 2022
5. Considering the nature of offence, the overt act attributed against the petitioner, the co-accused was already released 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, Srivilliputtur, 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/- 02/09/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1.THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTTUR. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR @ SRIVILLIPUTHUR.
3.THE INSPECTOR OF POLICE, KOOMAPATTI POLICE STATION, VIRUTHUNAGAR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.MALAIKANI S Advocate SR.No.9565
ORDER
IN CRL OP(MD) No.14476 of 2022 Date :02/09/2022 RK/SVR/SAR-I (08/09/2022) 2P/6C https://www.mhc.tn.gov.in/judis 2/2