Madras High CourtCRL OP(MD)/20990/2021ordered

Shajakan v. The Inspector Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.20990 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.20990 of 2021 Shajakan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

Crime No.983 of 2021 ... Respondent/Complainant For Petitioner : M/s.MAYILVAHANA RAJENDRAN.C, Advocate. For Respondent : Mr.K.SANJAI GANDHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.983 of 2021 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 and 506(ii) of I.P.C, in Crime No.983 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to money dispute between the petitioner and the de-facto complainant, the petitioner attacked the de-facto complainant, abused him in filthy language and threatened him 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.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured person has been discharged from the hospital and one previous case is pending against the petitioner, which was registered in the year 2017.

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital and the fact that except the offence under Section 506(ii) IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20990 of 2021 or on his appearance, before the learned Judicial Magistrate No.II, Ramanathapuram, 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 respondent police daily at 10.30 a.m. for a period of thirty days and thereafter, as and when required for interrogation. 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/- 29/12/2021 / TRUE COPY / / /2022 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 JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.MAYILVAHANA RAJENDRAN C Advocate SR.No.9829 ORDER IN CRL OP(MD) No.20990 of 2021 Date :29/12/2021 SA/JM/SAR.1/03.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2