Jeyaraj @ Subbiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Jeyaraj @ Subbiah ... Petitioner/Accused No.3 Vs The State, represented by The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.482 of 2023). ... Respondent/Complainant For Petitioner : Mr.R.Anand, Advocate.

For Respondent : Mr.R.Sureh Kumar, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.482 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused No.3, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 323, 324, 506(ii) of IPC, in Crime No.482 of 2023 on the file of the respondent Police, seek anticipatory bail.

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2. The case of the prosecution is that on 30.09.2023 at about 10.00 p.m., the first accused passed urine in a vacant plot adjecent to the defacto complainant's house. On seeing the same, the defacto complainant questioned the first accused. At that time, the accused Nos.1 and 2 assaulted the defacto complainant using sticks, abused him using filthy language and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent. Actually, the defacto complainant used to park his vehicle in front of the petitioner's house in the manner of obstructing the regular flow of traffic and the same was questioned by the petitioner and the public. In order to wreck vengeance, this false case has been foisted against him 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner and injured has been discharged from the hospital.

5. Considering the facts and circumstances of this case and also considering that no previous case is pending against the petitioner and the injured has been 2/4

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 No.II, Kovilpatti, Thoothukudi District, 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/- 08/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3.THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.ANAND, Advocate ( SR-16237[I] dated 10/11/2023 )

ORDER

IN CRL OP(MD) No.20109 of 2023 Date :08/11/2023 RK/DD (21/11/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4