Vimal Ananth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vimal Ananth, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Samayanallur Police Station, Madurai District.
In Crime No.170 of 2023.
... Respondent For Petitioner : M/s.Ajith.M., 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.170 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent 1/4
police for the offences under Sections 294(b), 336 and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998, in Crime No.170 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 20.08.2023, due to previous motive, wordy quarrel arose between the petitioner and defacto complainant and the petitioner alleged to have assaulted the defacto complainant, abused him in filthy language and criminally threatened him. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. A counter case in Crime No.171 of 2023 has also been registered against the defacto complainant.
4. Learned Additional Public Prosecutor would submit that it is a case, case in counter. Injured in this both the cases have been discharged from the hospital. He further submitted that eight previous cases are pending against the petitioner.
5. Eventhough, it is stated that the petitioner has involved in eight previous cases, reading of the FIR shows that the previous cases are registered for the offence of assault. In this incident, the petitioner herein has also grievously assaulted by the defacto complainant, over which the counter case came to be registered. Considering these aspects, this Court is inclined to grant relief to the petitioner. 2/4
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Vadipatti, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 07/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE JUDICIAL MAGISTRATE VADIPATTI.
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2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.AJITH, Advocate ( SR-13315[I] dated 07/09/2023 )
ORDER
IN CRL OP(MD) No.16198 of 2023 Date :07/09/2023 PKP/VRS/SAR- /21.09.2023/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4