V.Thavaselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19295 of 2021 V.Thavaselvam ... Petitioner/Accused - 3 Vs The State rep by The Inspector of Police, Poolankuruchi Police Station, Sivagangai District.

(Crime No.27/2021). ... Respondent/Complainant For Petitioner : M/s.Arunnithy.S, 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.27/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 324 and 506(ii) I.P.C, in Crime No.27 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 26.09.2021, when the defacto complainant went to his agricultural field, the accused persons way laid him and assaulted him with deadly weapons, thereby, he suffered grievious injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The main accused A1 and A2 were arrested and released on bail. In the FIR the name of the petitioner is not mentioned.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is arrayed as A3 in this case and on the instigation of this petitioner only the other accused persons assaulted the defacto complainant. The injured person has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital and the co-accused have been released on bail, this Court is inclined to grant anticipatory bail to the petitioner.

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, Thiruppatur 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/- 07/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, THIRUPPATUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, POOLANKURUCHI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.ARUNNITHY, Advocate ( SR-8936[I] dated 07/12/2021 )

ORDER

IN CRL OP(MD) No.19295 of 2021 Date : 07/12/2021 VB/JM/SAR-III/13.12.2021/3P/6C