Chelladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.22570 of 2022 Chelladurai ... Petitioner Vs State rep.by The Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

(Crime No.376/2022).

... Respondent For Petitioner : M/s. Madasamy.T.M, 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.376/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341 and 506(i) IPC in Crime No.376 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to property dispute, the petitioner said to have attacked the defacto complainant, caused injuries and also abused him in filthy language. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as

alleged by the prosecution and his name has been falsely implicated in this case and hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there was a property dispute between the father and son and the injured person has been discharged from the hospital.

5. Considering the facts and circumstances and also considering the fact that it is a civil dispute and that the injured person has been discharged from the hospital, 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, Manaparai 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 twice a month i.e., on 1st and 15th day of every month at 10.30 am 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/- 21/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE, MANAPARAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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

+1. CC to M/S. MADASAMY.T.M Advocate SR.No.15224

ORDER

IN CRL OP(MD) No.22570 of 2022 Date :21/12/2022 SP/BUC/SAR III/04/01/2023/3P/6C