Madras High CourtCRL OP(MD)/20312/2022granted

M.Marimuthu v. The Inspector Of Police

2022-11-16Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.20312 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/11/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20312 of 2022 M.Marimuthu ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(Crime No. 264 of 2022).

... Respondent/Complainant For Petitioner : M/s.Haroon Rasheed D S, Advocate.

For Respondent : Mr.M.Muthumanikkam Counsel for Government of Tamil Nadu (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 264 of 2022 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 341, 294(b) and 506(ii) IPC in Crime No.264 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to the money dispute between the petitioner and the defacto complainant, the petitioner abused the defacto complainant in filthy language, Criminaly Intimidated. 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 there is a money dispute between the parties. No one has sustained injuries and no previous case is pending against the petitioner.

5.Considering the nature of offence, the overt act attributed against the petitioner, no one has sustained injuries and no https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.20312 of 2022 previous case is pending against the petitioner, 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 or on his appearance, before the learned Judicial Magistrate, Tiruchendur, 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. until further orders. 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/- 16/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.20312 of 2022 Date :16/11/2022 TM SA/SSS/SAR.3/23.11.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2