Paulraj 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 Paulraj ... Petitioner / Sole Accused Vs The State, rep by The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

(Crime No.92 of 2023).

... Respondent / Complainant For Petitioner : Mr.Vivek Bharathi.M, Advocate. For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.92 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 448, 294(b), 510, 1/4

506(ii) of I.P.C, in Crime No.92 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. On the basis of the complaint given by the defacto complainant, this case has been registered, alleging that when the defacto complainant was sleeping outside his house, the petitioner has trespassed into the house of the defacto complainant without any outfit and scolded the defacto complainant using filthy language and threatened him with dire consequences.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he is no way involved in the above said occurrence and there is no nexus between the petitioner and the defacto complainant.

4. The petitioner was directed to file an undertaking affidavit that he will not make any trouble with the defacto complainant in future by the order dated 19.07.2023. Today, the petitioner has filed an undertaking affidavit as per the above said order.

5. Considering the fact that the petitioner has filed an undertaking affidavit, dated 26.07.2023 that he will not make any trouble with the defacto complainant in future, 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 No.II, Thoothukudi, 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/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate No.II, Thoothukudi. 2.Do through the Chief Judicial Magistrate, Thoothukudi District.

3.The Inspector of Police, Mithiahpuram Police Station, Thoothukudi District.

3/4

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.VIVEK BHARATHI, Advocate ( SR-11298[I] dated 26/07/2023 )

ORDER

IN CRL OP(MD) No.13126 of 2023 Date :26/07/2023 ED/MMS/SAR- (02/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4