Nagendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Nagendran,

2. Vallikannu @ Valli,

3. N. Ajithkumar, ... Petitioners/Accused No.1 to 3 Vs State Rep by The Inspector of Police, Vallathiraikottai Police Station, Pudukkottai.

(Crime No.215/2021).

... Respondent/Complainant For Petitioners : M/s. Banuprasath.P, 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. 215 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 355 and 506(i) IPC, in Crime No.215 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to the money dispute between the petitioners and the son of the defacto complainant, the petitioners abused him with filthy language and threatened him with dire consequences. Further, they attacked him with hands and also caused injuries. Hence, this complaint.

1/3

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that it is a case and case in counter and both of them sustained injuries in this matter and injured were discharged from the hospital. Hence, he seeks anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) would submit that it is a case and case in counter and a counter case was registered against the son of the defacto complainant, in Crime No.214 of 2021 for the offence under Sections 147, 294(b), 323, 355, 506(i) of IPC and 3(1)(r)(s), 3(2)(va) SC/ST Amended Act, 2015. He would further submit that in both the cases, the injured have been discharged from the hospital and no previous case is pending against the petitioners.

5.Considering the facts and circumstances of the case and also considering the fact that it is a case and case in counter arisen out of money dispute between the petitioners and the son of the defacto complainant, that the injured was discharged from the hospital and that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are 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 No.I, Pudukkottai, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously.

sd/- 10/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) 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.

2/3

TO

1. The Judicial Magistrate No.I, Pudukkottai.

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Inspector of Police, Vallathiraikottai Police Station, Pudukkottai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.BANUPRASATH, Advocate ( SR-9084[I] dated 10/12/2021 ) ORDER IN CRL OP(MD) No.19643 of 2021 Date : 10/12/2021 TR/JM/SAR-II(16.12.2021) 3P 6C 3/3