Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kumar, ... Petitioner/Accused 2 Vs The Inspector of Police, Mannachnallur Police Station, Trichy District.

Crime No.231/2023.

... Respondent/Complainant For Petitioner : M/s.BALASUBRAMANIAN.N, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.231/2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) of IPC and Section 4 1/4

of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.231 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours and there was continuos dispute between them. On 03.06.2023, the defacto complainant and her sister standing infront of their house, at that time, due to petty issue, the petitioner abused them in filthy language and also attacked him. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has filed an undertaking affidavit stating that the petitioner will not indulge in such activities in future and he has also rendered apology. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that no previous case is pending against this petitioner and the petitioner has also filed an undertaking affidavit, this Court may consider the bail application of the petitioner.

5. Considering the duration of incarceration and also considering the undertaking affidavit filed by the petitioner, this Court is inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Additional Mahila Court, Trichy, and on further condition that the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. until further orders.

7. If any violation is noticed or any new case is registered against the petitioner, anticipatory bail granted by this Court, shall stands automatically cancelled. The petitioner must file a copy of the above said affidavit before the concerned Magistrate Court and send another copy to the concerned Police Station. sd/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, TRICHY.

2 THE INSPECTOR OF POLICE, MANNACHNALLUR POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.BALASUBRAMANIAN.N Advocate SR.No.11384

ORDER

IN CRL OP(MD) No.12559 of 2023 Date :26/07/2023 SA/MMS/SAR. /10.08.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4