Durairajpillai v. The Inspector Of Police

CRL OP(MD). No.15172 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15172 of 2022 Durairajpillai ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Dindigul Town West Police Station, Dindigul City, (Crime No. 224 of 2022).

... Respondent/Complainant For Petitioner : M/s.Venkatesan.R, 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.224 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 offences punishable under Section 323 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.224 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that accused himself is neighbour to her, because of some previous enmity, on 16.08.2022 at about 7.00 am there was a trouble arose between them. 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. He would further submit that counter case has been registered in Crime No.223 of 2022.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that because of the petty issue the parties have made quarrel and assault and the investigation of the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15172 of 2022 case is pending. He would further submit that the injured has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital and that the it is case and case in counter, 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 Additional Mahila Court, Dindigul 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/- 24/08/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDGE, ADDITIONAL MAHILA COURT, DINDIGUL.

2. THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL CITY.

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

+1. CC to M/S.VENKATESAN.R Advocate SR.No.8942

ORDER

IN CRL OP(MD) No.15172 of 2022 Date :24/08/2022 RK/VR/SAR-II (08/09/2022) 2P/5C https://www.mhc.tn.gov.in/judis 2/2