Kubendran 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 Kubendran ... Petitioner/Sole Accused Vs State, represented by The Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.165 of 2023).

... Respondent/Complainant For Petitioner :

Mr.N.Ranjith, Advocate.

For Respondent :

Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.165 of 2023 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 341, 294(b), 353 of I.P.C, in Crime No.165 of 2023 on the file of the respondent police, seeks 1/4

anticipatory bail.

2. The case of the prosecution is that the Chinnamanur forest ranger enquired one Soundarapandian regarding their case and brought him to the occurrence place, at that time, this petitoner, who is elder father of the Soundarapandian entered quarrel with the officer and restrained him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not commit any such offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the petitioner restrained the defacto complainant from discharging his duty.

5. Considering the facts and circumstances of this case and also considering that the petitioner is ready to file an undertaking affidavit that he will not make any trouble to the defacto complainant and he will not indulge in any such offence in future, 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, Andipatti, Theni 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 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 petitioners 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.

8. The petitioner shall file an undertaking affidavit before the trial Court that he will not make any trouble to the defacto complainant and he will not indulge in any such offence in future. If any case is registered against the petitioner in future, the anticipatory bail that has been granted in this case, will stand automatically cancelled without reference to this Court.

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, ANDIPATTI, THENI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE GANDAMANUR POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16023 of 2023 Date :05/09/2023 RS/VRS/SAR-(14.09.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4