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Madras High CourtCRL OP(MD)/20729/2021granted

Hariharan v. The Inspector Of Police

2021-12-23Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.20729 & 20738 of 2021 Hariharan, ... Petitioner/Accused No.2 Vs State Rep by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District. Cr.No. 1157 of 2021..

... Respondent/Complainant For Petitioner : M/s.Karuna V, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1157 of 2021 on the file of the Respondent Police.

CRL OP(MD). No.20738 of 2021 Nagarajan, ... Petitioner/Accused No.4 Vs State Rep by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District (Crime No. 1157 of 2021).

... Respondent/Complainant For Petitioner : M/s. Karuna.V., Advocate.

For Respondent : Mr,R.Meenakshi Sundaram, Additional Public Prosecutor 1/3

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1157 of 2021 on the file of the respondent Police.

COMMON ORDER : The Court made the following order :- The petitioner/Accused No.2 in Crl.O.P.(MD).No.20729 of 2021, who was arrested on 14.12.2021 for the alleged offence under Sections 294(b), 324, 307 and 506(ii) of IPC, in Crime No.1157 of 2021, on the file of the respondent police, seeks bail. The petitioner/Accused No.4 in Crl.O.P.(MD).No.20738 of 2021, apprehending arrest at the hands of the respondent police for the alleged offence punishable under 294(b), 324, 307 and 506(ii) of IPC, in Crime No.1157 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 13.12.2021 due to previous enmity, the accused persons assaulted the defacto complainant with sword and caused injuries on the left index and middle finger of the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that trouble arose between the parties over the trivial issue, which started as verbal quarrel, later developed as quarrel with weapons. The accused persons assaulted the defacto complainant with sword and the defacto complainant sustained injury all over the body. A4 in this case is having one previous case in Crime No.64 of 2019, which is similar in nature. A2 is having no previous case. The injured person in this case has been discharged from the hospital. 5.Since there is no previous case against the petitioner in Crl.O.P.(MD).No.20729 of 2021, considering the nature of offence and the injured person discharged from the hospital, this Court is inclined to grant bail to the petitioner in Crl.O.P.(MD).No.20729 of 2021 with certain conditions.

6.Accordingly, this Criminal Original Petition in Crl.O.P.(MD). No.20729 of 2021 is allowed and 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, Thanjavur, and on further condition that the petitioner 2/3

shall report before the respondent police daily at 10.30 a.m. until further orders.

6.Considering the antecedents of the A4/petitioner in Crl.O.P. (MD).No.20738 of 2021, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, Crl.O.P.(MD). No.20738 of 2021 is dismissed.

sd/- 23/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, Thanjavur.

2. Do-Through The Chief Judicial Magistrate, Thanjore District at Kumbakonam.

3. The officer incharge, Sub Jail, Thanjavur.

4. The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District. Cr.No. 1157 of 2021..

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

+1 CC to M/s.V.KARUNA, Advocate ( SR-9683[I] dated 23/12/2021 ) ORDER IN CRL OP(MD). Nos.20729 & 20738 of 2021 Date : 23/12/2021 TR/JM/SAR-IV(23.12.2021) 3P 7C 3/3