Poovansamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15330 of 2022 Poovansamy ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Natham Police Station, Dindigul District.

(In Crime No.272/2022) ... Respondent/Complainant For Petitioner : M/s.Rathnavel S, Advocate.

For Respondent : Mr.B.Thanga Aravidh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.272/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(i) I.P.C, in Crime No.272 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.08.2022, due to the previous enmity, the accused persons abused the defacto complainant in filthy language and criminally intimidated her. Over the above said occurrence, case has been registered against the accused persons.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that it is a case and case in counter.

There is no injury and the petitioner is not having any previous case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and case in counter. Counter complaint has been registered in Crime No.271 of 2022 on 07.08.2022. As a counter blast, this complaint has been given. There is no injury and no bad antecedent is reported against the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that it is a case and case in counter, there is no injury and no bad antecedent is reported against the petitioner, 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 learned Judicial Magistrate,Natham, Dindigul 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 stands dismissed.

Sd/- 25/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 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, NATHAM, DINDIGUL DISTRICT..

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3. THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT..

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

+1. CC to M/S.RATHNAVEL S Advocate SR.No.9032

ORDER

IN CRL OP(MD) No.15330 of 2022 Date :25/08/2022 SP/SVR/SAR II/06/09/2022/3P/6C