Meganathan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Meganathan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Abiramam Police Station, Ramnad District. (Crime No.164 of 2023). ... Respondent/Complainant

For Petitioner : M/s.Uthayakumar.A, 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.164 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), 323, 506(i) and 379(NP) of IPC, in Crime No.164 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous dispute between the parties, while watching the cultural program, held at Kodumalur Village, the petitioner physically attacked the defacto complainant. Hence, the case. Initially, this case was registered for the offences punishable under Sections 294(b), 323, 506(i) and 379(NP) of IPC. After investigation, it was altered to 294(b), 323, 506(ii) of IPC.

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

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that initially this case was registered for the offences punishable under Sections 294(b), 323, 506(i) and 379(NP) of IPC. After investigation, it was altered to 294(b), 323, 506(ii) of IPC. There is no previous case pending against the petitioner.

5.Considering the nature of offence and the limited overt act attributed against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, 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, Kamuthi, Ramanathapuram 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.

7.The 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/- 15/09/2023 / TRUE COPY /

/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TM TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMNAD DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.16757 of 2023 Date :15/09/2023 RS/JGB/SAR-(27.09.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023