Anbu Joseph Antony v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Anbu Joseph Antony, ... Petitioner/Sole Accused

Vs The Inspector of Police, Vellisanthai Police Station, Kanyakumari District. Cr.No.105/2023. ... Respondent/Complainant For Petitioner : M/s.BHASKAR.P, Advocate. For Respondent : Mr.S.MANIKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 105/2023 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), 323 and 506(i) of IPC and Section 4 of TNPHW Act, 2002, in Crime No.105 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that due to the family dispute, the petitioner assaulted the defacto complainant and her mother. Hence, the complaint.

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

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case in counter case. In both cases the injured persons were discharged from the hospital. The petitioner is having one previous case.

¶5Considering the nature of offence, the injured persons in both the cases have been discharged from the hospital and though the petitioner is having one previous case, since it is a case in counter case, 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, Eraniel, 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/-

24/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TM TO 1 THE JUDICIAL MAGISTRATE, ERANIEL. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL. 3 THE INSPECTOR OF POLICE, VELLISANTHAI POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.BHASKAR, Advocate ( SR-12716[I] dated 24/08/2023 ) ORDER IN CRL OP(MD) No.14942 of 2023 Date :24/08/2023 SA/JGB/SAR. /07.09.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.