P.Perumal v. The Inspector Of Police
CRL OP(MD). No.20471 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20471 of 2021 P.Perumal ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.
Crime No.182 of 2021. ... Respondent/Complainant For Petitioner : Mr.S.Ramsundarvijayraj, 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.182 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 506(ii) IPC, in Crime No.182 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that there trouble arose between the defacto complainant and this petitioner because of cutting away of trees, which were standing in Muniyappasamy Temple area, for which, the petitioner had abused and threatened the defacto complainant. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent, that the dispute is between the brothers and that none injured in the incident.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and the defacto complainant are co-brothers, none injured in the incident and that the petitioner is having one previous case in Cr.No.55 of 2020 under Section 147, 148, 323, 324, 332, 307, 353 and 3(1)(x)SC/ST Act. 5.Even though, this petitioner is having one previous case, considering the dispute between two brothers and the facts and https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.20471 of 2021 circumstances of this case and also the fact that no one was injured in the incident, 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 in the event of arrest or his appearance, before the learned Judicial Magistrate, Kamuthi and on his executing 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 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 21/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 CHIEF JUDICIAL MAGISTRATE KAMUTHI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.S.RAMSUNDARVIJAYRAJ, Advocate SR.No.9606. ORDER IN CRL OP(MD) No.20471 of 2021 Date :21/12/2021 PNM MK/VR/SAR.IV/28.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2