Ayyanar v. Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12275 of 2023 Ayyanar

... Petitioner/Sole Accused

Vs The State, represented by The Inspector of Police, Thiruppachethi Police Station, Sivagangai District. (Crime No.105 of 2023). ... Respondent/Complainant For Petitioner : Mr.R.Senthilkumar,

Advocate. For Respondent : Mr.R.Suresh Kumar,

Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.105 of 2023 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 448, 294(b), 324, 506(ii) of I.P.C, in Crime No.105 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous motive, the petitioner had scolded the defacto complainant in filthy language, caused injuries and also criminally intimidated him. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are relatives and are belongs to same village. Further, the petitioner is an innocent.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that the copy of First Information Report in Crime No.104 of 2023, has been produced, in which, the petitioner is not arrayed as an accused.

¶5Considering the fact that the petitioner is not involved in any other case, which are similar in nature and the property was recovered, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, 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, Thiruppuvanam, 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.

¶7The 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/-

28/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO 1 THE JUDICIAL MAGISTRATE, THIRUPPUVANAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-11423[I] dated 28/07/2023 ) ORDER IN CRL OP(MD) No.12275 of 2023 Date :28/07/2023 SS/MR/07/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023