Eshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15658 of 2022 Eshwaran ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, Lalapet Police Station, Lalapet, Karur District (Crime No.296 of 2022). ... Respondent/Complainant For Petitioner : Mr.Madhu J, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.296 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), 323 and 506(2) IPC in Crime No.296 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that on 29.06.2022 at about 06.45 pm., after attending the funeral ceremony of his relative, he was returning to his house near the Panchayat Board Office and at that time, the accused persons came there, picked up quarrel, abused in filthy language, criminally intimidated him and also attempted to assault him with stones, over which the present case has been registered.

3.The learned Government Advocate (Crl.side) for the respondent would submit that it is a case and counter case and in respect of the very same occurrence, the case in Crime No.295 of 2022 has been registered for the similar offences.

4.Since it is a case and counter case and there was no injury, this Court is inclined to grant anticipatory bail to the petitioner, even though he is having one previous case.

5.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 learned Judicial Magistrate No.I, Kulithalai, 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.

6.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/- 30/08/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

MM 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 NO.I, KULITHALAI.

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

3. THE INSPECTOR OF POLICE, LALAPET POLICE STATION, LALAPET, KARUR DISTRICT.

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

+1. CC to M/S. MADHU J Advocate SR.No.9405

ORDER

IN CRL OP(MD) No.15658 of 2022 Date :30/08/2022 SP/SVR/SAR I/08/09/2022/3P/6C