Irudhayaraj v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Irudhayaraj ... Petitioner/Accused

Vs The State rep.by, The Inspector of Police, Dindigul Taluk Police Station, Dindigul District. Crime No.363/2023. ... Respondent/Complainant For Petitioner : M/s.Suresh.M.,

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.363 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), 506(ii), 435 of IPC and 4 of TNPHW Act, in Crime No.363 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 01.07.2023 when the defacto complainant was putting Samiyana near by her house, at that time, the petitioner came there, abused the defacto complainant and set fire the Samiyana. Hence, the case.

¶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 both are relatives. Due to property dispute, the petitioner set fire to the Samiyana of the defacto complainant, thereby, caused damages worth about Rs.30,000/-.

¶5Considering the nature of offence and the overt act attributed against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on payment of the above said amount.

¶6Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.363 of 2023 before the trial Court. The petitioner is also directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without prejudice to his rights and contentions before the trial Court.

7.On such deposits being made, 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.I, Dindigul, 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.

¶8The 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/-

04/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. tm TO

¶1THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.

¶2DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

¶3THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT.

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

1.THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE OFFICER IN CHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI. ORDER IN CRL OP(MD) No.14303 of 2023 Date :04/08/2023

RK/VRS (28/08/2023) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023