S.Sankar Ganesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S.Sankar Ganesh, ... Petitioner/Accused No.2 Vs State Rep. By The Inspector of Police, D2 Sellur Police Station, Sellur, Madurai.

Cr.No. 981 of 2021.

... Respondent/Complainant For Petitioner : M/s.Chengiz Khan K, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.981 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offence punishable under sections 294(b), 323, 442, 506(i) r/w 109 IPC and Section 4 of TNPHW Act, in Crime No.981 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 01.12.2021, at about 01.30 p.m, the petitioner and the other accused said to have trespassed into the house of the defacto complainant and picked up quarrel with her and his husband. Immediately, the defacto complainant lodged a complaint before the respondent police. On the very same day at evening, the petitioner and the other accused again trespassed into the house of the defacto complainant and again picked up quarrel with them and abused them with filthy language and

also made attack upon them. Hence, this complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that since it is a case and case in counter and no one has sustained injury in this matter, he seeks anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that no one has been sustained injury in this matter and it is a case and case in counter and based upon the complaint given by the accused, a case in Crime No.980 of 2021 for the offence under Sections 147, 294 (b), 323, 324, 355, 427, 506(i) and 379 of IPC was registered against the defacto complainant and he was granted anticipatory bail by this Court, in Crl.OP(MD)No.19562 of 2021, dated 10.12.2021. 5.

Considering the facts and circumstances of the case and also considering the fact that the counter complaint complaint has been registered against the defacto complainant and no one has sustained injury in this matter, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate No.II, Madurai, and on further condition that the petitioner shall report before the respondent police once in a week at 10.30 a.m. on every Sunday 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/- 20/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 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 JUDICIAL MAGISTRATE NO.II, MADURAI.

2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, D2 SELLUR POLICE STATION, SELLUR, MADURAI.

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

+1 CC to M/s.K.CHENGIZKHAN, Advocate ( SR-9502[I] dated 20/12/2021 )

ORDER

IN CRL OP(MD) No.20306 of 2021 Date :20/12/2021 SB/PN/SAR-III/23.12.2021/3P/6C