Jenish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16287 of 2022 Jenish ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Eranial Police Station, Kanyakumari District.

(Crime No.351 of 2022). ... Respondent/Complainant For Petitioner : Mr.Chandru G, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.351 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner is facing charges under Sections 341, 294(b) and 506(1) IPC in Crime No.351 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant was a practising advocate in the District Court, Nagercoil and on the date of occurrence, namely on 10.07.2022, at about 06.15 pm., when he was driving a four wheeler near the place of occurrence, the accused person was riding a two wheeler, tried to overtake him and intercepted also. When that was questioned, he was abused in filthy language and was also criminally intimidated.

3.It appears that it is a petty quarrel between the defacto complainant and the accused person over the parking of the two wheeler of the accused person. Since no bad antecedent is reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

4.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, Eranial, Kanyakumari 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.

5.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/- 09/09/2022 / TRUE COPY / /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, ERANIAL, KANYAKUMARI DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, ERANIAL POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16287 of 2022 Date :09/09/2022 SP/SVR/SAR I/15/09/2022/3P/5C