Arjunan 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.19226 of 2021 Arjunan ... Petitioner/Accused No.5 Vs State rep.by The Inspector of Police, Salaigramam Police Station, Sivagangai District.

(Crime No.177/2021).

... Respondent/Complainant For Petitioner : M/s.Veerakumar.T, Advocate.

For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.177 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 448, 294(b), 323, 324, 506(ii), 379 (NH) and 427 I.P.C. and Section 4 of TNPHW Act, in Crime No.177 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein and other accused persons said to have assaulted the defacto complainant and his relatives due to previous motive. 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. There is a case in counter has been filed. The petitioner is taking treatment regularly for his physical ailment.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that co-accused in this case has been granted anticipatory bail. There is a case in counter case. The petitioner and the defacto complainant are close relatives.

5. Considering the nature of offence, the overt act attributed against the petitioner and there is a case in counter case has been filed, 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, Ilayangudi, Sivagangai 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 once in fifteen days 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.II) 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, ILAYANGUDI, SIVAGANGAI DISTRICT.

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

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

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

+1. CC to M/S.VEERAKUMAR.T Advocate SR.No.8933

ORDER

IN CRL OP(MD) No.19226 of 2021 Date :07/12/2021 SP/JM/SAR II/13/12/2021/3P/6C