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Madras High CourtCRL OP(MD)/14708/2022granted

Vikki @ Vignesh v. The Sub Inspector Of Police

2022-09-01Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14708 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14708 of 2022 Vikki @ Vignesh ... Petitioner/Accused No.2 Vs The State Rep. By, The Sub Inspector of Police, M.Kallupatti Police Station, Madurai (Crime No. 67 of 2022).

... Respondent/Complainant For Petitioner : M/s.Thalaimutharasu.G, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 67 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 341,294(b),323,506(i) of IPC r/w.Section 4 of TNPHW Act in Crime No.67 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. Earlier bail application filed by the petitioner was dismissed on the ground that the petitioner involved in previous case. Now the second application was filed on the ground that the defacto complainant was one of the accused. It is a matrimonial dispute and the petitioner was not involved in the above said occurrence.

3. It is also submitted that the petitioner is involved in a case in crime No.98 of 2019 for the offence under Section 307 of IPC. Hence the learned Government Advocate(Crl.Side) was directed to produce the copy of the First Information Report. According to the learned Government Advocate(Crl.Side) there was a case and case in counter for which FIR in Crime No.99 of 2019 was registered. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14708 of 2022

4. Since the previous case seems to be counter case and also considering the limited role played by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Usilampatti, 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. During the course of investigation if any custodial interrogation is required the respondent police is at liberty to approach the concerned Court.

sd/- 01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI.

2. DO THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUB INSPECTOR OF POLICE, M.KALLUPATTI POLICE STATION, MADURAI.

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

+1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-9513[I] dated 02/09/2022 ) ORDER IN CRL OP(MD) No.14708 of 2022 Date :01/09/2022 USK/VRS/SAR-IV/14.09.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2