Thavasikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Thavasikumar ... Petitioner / Accused No.1 Vs The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

Crime No.101 of 2023.

... Respondent/Complainant For Petitioner : M/s.N.SURENDRAN, Advocate For Respondent : Mr.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.101 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 427, 506(ii) of IPC read with Section 4 of Tamilnadu Prohibition of Harassment of 1/4

Women Act, in Crime No.101 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to a property dispute between the defacto complainant and the petitioner's mother, one Nagaraj damaged the defacto complainant's bund with the tractor of the petitioner's mother. When the same was questioned by the defacto complainant, the petitioner scolded him with filthy language and attacked him. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) would submit that no bad antecedent has been recorded against the petitioner herein. Injured person in this case has been discharged from the hospital.

5. Considering the facts and circumstances of this case and also the fact that the petitioner is not having any previous cases, 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 learned Judicial Magistrate No.I, Sattur, on condition that the petitioner shall execute 2/4

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 considering the physical condition of the petitioner, 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/- 27/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE JUDICIAL MAGISTRATE COURT NO.I, SATTUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, ELAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.SURENDRAN.N. Advocate SR.No.11358

ORDER

IN CRL OP(MD) No.13743 of 2023 Date :27/07/2023 SA/BUC/SAR. /08.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4