Santhanakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon'ble Mr.Justice S.ANANTHI CRL OP(MD). No.21085 of 2021 1.Santhanakumar 2.Partha Sarathi ... Petitioners/unnamed Accused Vs State Rep through The Inspector of Police, Puliyampatti Police Station, Thoothukudi District.

Cr.No. 101 of 2021. ... Respondent/Complainant For Petitioners: Mr.M.Prabu 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.101 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/unnamed Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(2) of I.P.C. in Crime No.101 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to repairing work, there was a quarrel between the defacto complainant and the petitioners. The petitioners are said to have attacked the defacto complainant and his son and also threatened the defacto complainant with filthy languange and dire consequences. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous case has been filed against the petitioners herein. A counter case has also been filed against the defacto complainant.

5. Considering the nature of offence, the overt act attributed against the petitioners, no previous case is pending against the petitioners and the fact that except Section 506(ii) all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for further interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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.

pnn 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.I, KOVILPATTI, THOOTHUKUDI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, PULIYAMPATTI POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21085 of 2021 DATED: 29/12/2021 VB/VR/SAR-III/03.01.2022/3P/5C