Chellakumaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Chellakumaran ... Petitioner/Sole Accused Vs State, represented by The Inspector of Police, Thanjavur Medical College Hospital Police Station, Thanjavur District.

(Crime No.198 of 2022).

... Respondent/Complainant For Petitioner :

Mr.C.Ezhilarasu, 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.198 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 448 and 506(ii) IPC, in Crime No.198 of 2022 on the file of the respondent police, seeks 1/4

anticipatory bail.

2. The case of the prosecution is that on 04.04.2022 the petitioner trespassed into the house of the defacto complainant, attacked her and her son and criminally intimidated them using abusive words. Due to the above said attack, the defacto complainant was admitted in hospital. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are brother and sister. Due to civil dispute, a wordy quarrel arose between them. Therefore, she lodged a false complaint before the respondent Police.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the injured has been discharged from the hospital.

5. Considering the fact that it is the issue between brother and sister and the injured has been discharged from the hospital, 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 No.II, Thanjavur, 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 2/4

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/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, THANJAVUR MEDICAL COLLEGE HOSPITAL POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.C.EZHILARASU, Advocate ( SR-13285[I] dated 07/09/2023 ) 3/4

ORDER

IN CRL OP(MD) No.16054 of 2023 Date :05/09/2023 RS/VRS/SAR-(11.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4