Chellam v. The Inspector Of Polcie

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Chellam ... Petitioner / Accused Rank not known Vs State, rep by The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

(Crime No.85 of 2023).

... Respondent / Complainant For Petitioner : Mr.D.Blamurugapandi, 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.85 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused rank not known, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 148, 294 (b), 323, 324, 506(ii) of I.P.C. And Section 4 of Tamil Nadu Prohibition of Harassment 1/4

of Women Act, 2002, in Crime No.85 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is running a hotel near Pallapatti. On 07.05.2023, when the defacto complainant closed the hotel at 12.00 a.m., the petitioners asked water bottle and plastic cups. For that the defacto complainant replied that, hotel and shops are closed and unable to given things. For that all the accused persons quarreled with the defacto complainant and others, attacked them, scolding them using filthy langugae and in the result, they sustained injuries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and is no way connected in this cae.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that co-accused has been released on either regular bail or anticipatory bail and there is no damage caused by the petitioners. There are four injured persons in the above said occurrence.

5. Considering the facts and circumstances of this case and considering the fact that the co-accused has been released on either regular bail or anticipatory bail and injured have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

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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, Nilakkottai, 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 petitioners 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/- 07/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate, Nilakkottai, Dindigul District.

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2.Do through the Chief Judicial Magistrate, Dindigul District.

3.The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-11943[I] dated 08/08/2023 )

ORDER

IN CRL OP(MD) No.14349 of 2023 Date :07/08/2023 ED/MMS/SAR- (11/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4