Adhimani @ Aathimanivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Adhimani @ Aathimanivel ... Petitioner / Accused No.2 Vs The State represented by The Inspector of Police, Alangudi Police Station, Pudukkottai District.

Crime No.212 of 2023.

... Respondent / Complainant For Petitioner : M/s.A.Banumathy, 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.212 of 2023 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 427 and 506(ii) of IPC in Crime No.212 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons came to the defacto complainant's residence in a search of one Pandikumar, suspecting that the defacto complainant's brother Pandimurugan is the person who they are searching. On 15.07.2023 at about 00.30 a.m., the accused persons caused assault to the defacto complainant and also damaged the windows. On that basis, the case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He seeks for the relief of anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the accused 2/5

persons caused damage to the defacto complainant's house to the tune of Rs.50,000/-. Accused No.1 in this case is having previous criminal cases and so far as this petitioner/ A2 is concerned, no previous case is pending against him.

5. Considering the facts and circumstances of this case and also the fact that the petitioner is not having any previous case, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of the Crime No.212 of 2023, before the learned Judicial Magistrate, Alangudi.

7. On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Alangudi, 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 on further condition that 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. 3/5

scrupulously.

8. 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/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1.THE JUDICIAL MAGISTRATE, ALANGUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3.THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13374 of 2023 Date :01/08/2023 RK/BUC/SAR-1 (16/08/2023) 5P /5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5