Kannan 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 Kannan

... Petitioner / Sole Accused Vs State, rep by The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District. (Crime No.203 of 2023). ... Respondent / Complainant

For Petitioner : Mr.SuriyaKumar.M, 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.203 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), 427 and 506(ii) of I.P.C, in Crime No.203 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the on 05.08.2023 and on 10.08.2023, the petitioner damaged the inscription bearing the defacto complainant name. On

14.08.2023, when the defacto complainant and others standing in the bus stand, the petitioner abused the defacto complainant in filthy language and threatened with iron rod. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and is falsely implicated in this case due to political motive.

¶4The learned Government Advocate (Crl. Side) would submit that the petitioner caused damage to the inscription. No previous case is pending against the petitioner.

¶5Considering the facts and circumstances of this case and no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees five Thousand only) to the credit of Cr.No.203 of 2023 before the trial Court concerned.

¶7On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Rajapalayam, 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/-

24/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Judicial Magistrate, Rajapalayam.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.SURIYA KUMAR, Advocate (SR-12822[I] dated 25/08/2023) ORDER IN CRL OP(MD) No.15436 of 2023 Date :24/08/2023 ED/VR/SAR- (01/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023