B.Thandeeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.17226 of 2021 B.Thandeeswaran ... Petitioner/Accused No.2 Vs The State Rep.by State through the Inspector of Police, Mallanginaru Police Station, Virudhunagar District.

Cr.No. 68 of 2021..

... Respondent/Complainant For Petitioner : M/s.Maharajan V, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.68 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 387 of I.P.C., in Crime No. 68 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The learned Additional Public Prosecutor opposed the grant of relief by pointing out that the petitioner's earlier petition was dismissed on 22.07.2021 and that there is no change in circumstance. He also would point out that the petitioner is having three previous cases.

4.The learned counsel for the petitioner would point out that the respondent police wants to draw history sheet against the petitioner and that is why, the present case has been falsely booked.

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5. I went through the contents of the FIR. The contents of the FIR do not inspire my confidence. The victim has not suffered any

injury.It appears to have been a put up case. In any event, this observation is made only for the purpose of granting relief and the petitioner will not take advantage of the same in any other proceedings. Anticipatory bail is granted.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Virudhunagar, and on his executing 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 as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 08/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.1, Virudhunagar

2. -do-Through The Chief Judicial Magistrate, Virudhunagar District At Srivilliputtur.

3. The Inspector of Police, Mallanginaru Police Station, Virudhunagar District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17226 of 2021 Date :08/11/2021 https://hcservices.ecourts.gov.in/hcservices/ RD/TR/SAR-III (11.11.2021) 2P 5C