Manimaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Manimaran ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Pattukkottai Taluk Police Station, Pattukkottai District.

(Crime No.375/2023).

... Respondent/Complainant For Petitioner : M/s.B.Jameel Arasu, 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.375/2023 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 offences punishable under Sections 294(b), 324, 506(ii) and 379 1/5

of IPC, in Crime No.375 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner said to have assaulted the defacto complainant with iron pipe on the forehead of the defacto complainant and caused injuries. 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.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case in counter case. Over which, the FIR in Crime No.377 of 2023 has been registered.

5.Reading of the FIR in both the matters shows that since the defacto complainant supported some other community people, this petitioner alleged to have picked up quarrel. Over which trouble has arisen and causing assault with each other. So far as the present FIR is concerned Rs.11,000/- was missing along with mobile phone worth about Rs.15,000/-. The money was handed over to the second 2/5

accused. The above said money as well as the mobile phone has not been recovered. The learned counsel for the petitioner would submit that the petitioner is ready to deposit a sum of Rs.25,000/- to the credit of crime number.

6. Considering the nature of offence, the overt act attributed against the petitioner and also considering the fact that the theft articles have been recovered so far, this Court is inclined to grant anticipatory bail to the petitioner on payment of cost.

7. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Cr.No.375 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

8. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Pattukkottai, 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 3/5

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.

9. 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/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO

1. The Judicial Magistrate, Pattukkottai, Thanjavur District.

2. Do-Through The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

3. The Inspector of Police, Pattukkottai Taluk Police Station, Pattukkottai District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-13720[I] dated 15/09/2023 )

ORDER

IN CRL OP(MD) No.16414 of 2023 Date :14/09/2023 RK/GB(27/09/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5