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Madras High CourtCRL OP(MD)/15025/2023granted

Raja v. The Inspector Of Police

2023-08-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Raja ... Petitioner / Sole Accused Vs State Rep.by The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

Cr.No.177 of 2023.

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

For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.177 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 447, 294(b) and 506(i) of IPC in Crime No.177 1/4

of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.02.2023, when the defacto complainant and her daughter were sleeping in their house, the petitioner attempted to snatch the chain of her daughter through the window and a case was registered. Due to the motive, on 02.08.2023, the petitioner entered into the compound of the defacto complainant's house, used filthy language and threatened her with dire consequences. Hence the complaint.

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

4. The learned Additional Public Prosecutor would submit that trouble arose between the neighbours over a previous motive. No one has sustained injury in this case.

5. Considering the facts and circumstances of this case and the fact that wordy quarrel arose between the neighbours due to previous motive, this Court is inclined to grant relief 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 Court, Valliyoor, Tirunelveli District on condition that 2/4

the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 18/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

THE INSPECTOR OF POLICE PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-12470[I] dated 18/08/2023 )

ORDER

IN CRL OP(MD) No.15025 of 2023 Date :18/08/2023 PKP/JGB/SAR- /08.09.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4