Velusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Velusamy ... Petitioner / Sole Accused Vs The State, rep by The Inspector of Police, Thirupalakudi Police Station, Ramanathapuram District.

(Crime No.120 of 2023).

... Respondent / Complainant For Petitioner :

Mr.S.Balaji, 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.120 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 of 1/4

I.P.C and Section 4 of Prohibition of Harassment of Women Act, in Crime No.120 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecuton is that there is civil dispute between the petitioner and the defacto complainant. On 20.07.2023, when the petitioner cut the neem tree, the same was questioned by the defacto complainant. So, the petitioner alleged to have scolded the defacto complainant in filthy language and also assaulted the defacto complainant and his wife. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any such offence as alleged by the prosecution. There was a dispute among the defacto complainant and the petitioner in respect of cutting a neem tree.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that no previous case is pending against the petitioner and it is a case and counter case. The couner case has been lodged by the petitioner in Crime No.121 of 2023 against the defacto complainant.

5. Considering the fact that no previous case is pending against the petitioner and it is a case and counter case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is 2/4

ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram 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 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/- 17/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3.THE INSPECTOR OF POLICE, THIRUPALAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.S.M.ANANTHA MURUGAN, Advocate ( SR-12409[I] dated 17/08/2023 )

ORDER

IN CRL OP(MD) No.14945 of 2023 Date :17/08/2023 ED/VR/SAR- (29/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4