Paulraj v. The Inspector Of Police
CRL OP(MD). No.15077 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15077 of 2022 Paulraj ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.
Crime No.113 of 2022. ... Respondent/Complainant For Petitioner : Mr.INDRACHITHU.T, 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.113 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner is facing charges under Sections 294(b), 324 and 506(2) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 in Crime No.113 of 2022 on the file of the respondent police.
2.The case of the prosecution, as per the allegation made in the complaint, is that both the parties are neighbours and over the placing of the cattle feed in front of the house of the defacto complainant, trouble has arisen between them. On 02.08.2022 at about 04.00 pm., when that was questioned by the defacto complainant, she was assaulted, criminally intimidated and also abused in filthy language. She was taken to the hospital and after that, the FIR has been registered.
3.The learned counsel for the petitioner would submit that in respect of the very same occurrence, the petitioner sustained injury, over which a complaint in CSR.No.339 of 2022 was registered. But so far, no FIR has been registered in the aforesaid complaint. 4.The learned Government Advocate (Crl.side) for the respondent would submit that the injured has been discharged from the hospital. 5.Considering the fact that the injured has been discharged from the hospital and finding that it is a dispute between the https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.15077 of 2022 neighbours and there was no big enmity between the parties, this Court is inclined to grant anticipatory bail to the petitioner. 6.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 Judicial Magistrate Court, Sankarankovil, Tenkasi District, 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 shall stand dismissed.
sd/- 23/08/2022 / 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 SANKARANKOVIL, TENKASI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TENKASI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.INDRACHITHU.T Advocate SR.No.9052 ORDER IN CRL OP(MD) No.15077 of 2022 Date :23/08/2022 MM SA/SVR/SAR.1/05.09.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2