Muniyandi v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muniyandi ... Petitioner / Sole Accused Vs State rep by The Inspector of Police, Melur Police Station, Madurai District. Crime No.130 of 2023. ... Respondent / Complainant For Petitioner : M/s.M.Karunanithi, 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.130 of 2023 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 294(b), 323 and 506(ii) of IPC in Crime No.130 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that due to previous enmity on 05.03.2023 regarding a pathway dispute, the petitioner scolded the defacto complainant and on

07.03.2023, the petitioner abused the defacto complainant in filthy words, assaulted him and criminally intimidated him. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He seeks for the relief of anticipatory bail.

¶4The learned Additional Public Prosecutor would submit that over a previous enmity, a trouble has arisen between the parties. No previous case is pending against the petitioner herein.

¶5Considering the facts and circumstances of this case and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant relief to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Melur, 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 on further condition that 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 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/-

02/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN To

1.The Judicial Magistrate, Melur.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.14094 of 2023 Date :02/08/2023 ED/BUC /SAR-IV (14/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023