Manimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Manimuthu ... Petitioner/2nd Accused Vs State Rep.by The Inspector of Police, Aranthangi Police Station, Pudukottai District.

... Respondent/Complainant For Petitioner :

M/s. R.Balakrishnan, Advocate.

For Respondent :

Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.337/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) and 379 of IPC, in Crime No.337 of 2023 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that on 13.06.2023, the defacto complainant after attending the temple festival, returned to home for having lunch. At that time, the accused persons waylaid him and abused him in filthy language and also attacked. When the same was questioned, they pulled down his mother and snatched his gold chain and ring. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Already the co-accused in this has been granted anticipatory bail.

4. For production of the above said order copy, this petition has been posted today. The learned counsel for the petitioner produced the copy of the order passed in Crl.M.P.No.2129 of 2023 by the Principal District and Sessions Judge, Pudukottai, wherein, the co-accused have been enlarged on anticipatory bail. So far as theft of articles is concerned, no recovery has been made till now. But even as per the FIR, the allegation is made only against the above said Munis, who was enlarged on anticipatory bail.

5.Considering the above said facts and circumstances of the case, 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 2/4

learned Judicial Magistrate, Aranthangi, 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/- 25/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKOTTAI DISTRICT. 3/4

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.BALAKRISHNAN, Advocate ( SR-11225[I] dated 25/07/2023 )

ORDER

IN CRL OP(MD) No.12504 of 2023 Date :25/07/2023 RS/VRS/SAR-(01.08.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4