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Madras High CourtCRL OP(MD)/19410/2021ordered

Muthuraja v. The Inspector Of Police

2021-12-08Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19410 of 2021 Muthuraja ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.487 of 2021). ... Respondent/Complainant For Petitioner : M/s. Maran.M., 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.487 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under sections 294(b),323, 325 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.487 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein is the elder son of the defacto complainant. Due to civil dispute between them, the petitioner attacked the defacto complainant, his wife and his son with knife. Hence, this complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that it is a dispute between the father and son. There was a dispute with regard to the property. Over which, the alleged occurrence said to have taken place.

4.The learned Government Advocate (Crl.Side) would submit that the petitioner made grievous injury to his father on his little finger. Now, he was discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that it is a dispute between the father and son and the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Vadipatti, Madurai District, and on further condition that the petitioner shall report before the respondent police at 10.30 a.m. once in a week, until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. Sd/- 08/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 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, VADIPATTI, MADURAI DISTRICT..

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

3. THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19410 of 2021 Date :08/12/2021 SP/JM/SAR II/14/12/2021/3P/5C