Nanthakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Nanthakumar, ... Petitioner/Accused No.1 Vs State Rep. By The Inspector of Police, Orathanadu Police Station, Orathanadu, Thanjavur District.
Cr.No. 1036 of 2021.
... Respondent/Complainant For Petitioner : M/s.Sathyachidambaram S, 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.1036 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 341, 324, 506(ii) I.P.C, in Crime No.1036 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 07.11.2021 when the petitioner and others taking liquor, there quarrel arose between the accused persons and the defacto complainant. At that time, the accused persons assaulted the defacto complainant with deadly weapons and abused in filthy language and gave life threat.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The co-accused namely Accused Nos.2 and 4 in this case has been granted anticipatory bail by the learned Principal District Judge, Thanjavur. A3 has also been released on bail by the learned Judicial Magistrate, Orathanadu.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to previous enmity quarrel arose between the parties. Now the injured has been discharged from
the hospital on 17.11.2021. Co-accused has also been released on bail in this case and some of the co-accused were granted anticipatory by the trial Court.
5. Considering the facts and circumstances of the case, injured has been discharged from the hospital and the co-accused have been released on bail and anticipatory bail, 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 District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur 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 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/- 15/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ORATHANADU,THANJAVUR DISTRICT.
2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.
3.THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, ORATHANADU, THANJAVUR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20000 of 2021 Date :15/12/2021 SB/PN/SAR-I/21.12.2021/3P/5C