Muniyandi v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14167 of 2023 Muniyandi, ... Petitioner/Sole Accused

Vs State rep. by The Inspector of Police, Narikudi Police Station, Virudhunagar District. Crime No.81 of 2023. ... Respondent/Complainant

For Petitioner : M/s.Anandan B,

Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.81 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 294(b), 506(i) of IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.81 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 01.07.2023, due to election motive, the petitioner came into the defacto complainant's house and called the defacto complainant by abusing filthy language, when the same was questioned by the defacto complainant's husband, the petitioner abused him and also threatened him with dire consequences.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner was implicated in one previous case in Crime No.70 of 2023. But later his name was deleted from the above said crime number. It is a case in counter case.

¶5Considering the nature of offence, it is a case in counter case and though the petitioner's name was implicated in Crime No.70 of 2023, it is stated to be deleted, so 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, Thiruchuli, Virudhunagar 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.

¶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/-

17/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. VR TO 1 THE JUDICIAL MAGISTRATE, THIRUCHULI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.B.ANANDAN, Advocate ( SR-12462[I] dated 18/08/2023 ) ORDER IN CRL OP(MD) No.14167 of 2023 Date :17/08/2023 SSA/VR/11.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023