Prabhu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Prabhu ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Melur Police Station, Madurai District.
Crime No. 561 of 2023.
... Respondent/Complainant For Petitioner :
M/s Mahendrapathy.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.561 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 294(b), 324, 506 (ii) of IPC in Crime No.561 of 2023 on the file of the respondent police, seeks 1/4
anticipatory bail.
2. The case of the prosecution is that on 26.08.2023, at about 10.00 a.m., when the defacto complainant standing in front of his house, the petitioner picked up quarrel with the defacto complainant and his wife, abused them in filthy language and attacked using knife and also threatened them with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is two previous cases pending against the petitioner. The injured in this case has been discharged from the hospital.
5. The learned counsel for the petitioner would submit that the case in Crime No.177 of 2018 has been compromised and another case is the present case.
6. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital and the previous case was compromised between the parties, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is allowed and petitioner is 2/4
ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Melur, Madurai 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 learned Judicial Magistrate, Melur, Madurai District, daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. 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/- 27/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT. 3/4
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.MAHENDRAPATHY, Advocate ( SR-14280[I] dated 27/09/2023 )
ORDER
IN CRL OP(MD) No.16239 of 2023 Date :27/09/2023 RS/DD/SAR-(09.10.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4