Kumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.11.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Kumar ... Petitioner/Accused Vs State rep. by The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District. (Crime No.43 of 2020)

... Respondent/Complainant

For Petitioner : Mr.B.Anandan, Advocate

For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.43 of 2020 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 452, 326 and 307 IPC in Crime No.43 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was business transaction between the defacto complainant's father and the accused persons. Due to the failure on the part of the defacto complainant's father, the accused persons trespassed into the house of the defacto complainant and abused them in filthy language and also assaulted them with iron-rod. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Due to non-appearance of the petitioner in PRC.No.72 of 2019 before the learned Judicial Magistrate, Pattukottai, Thanjavur District, non-bailable warrant came to be issued on 17.12.2019. Therefore, he seeks anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that investigation is completed and charge sheet also filed. Due to non appearance of the petitioner, the trial Court issued non-bailable warrant. Therefore, the petitioner has to approach the trial Court.

5.In view of the above, this criminal original petition is dismissed with liberty to the petitioner to surrender before the trial Court and file a petition. If any petition is filed by the petitioner, the same shall be considered on the very same day, in accordance with law. sd/- 02/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. gns TO

1.The Judicial Magistrate, Pattukottai, Thanjavur District.

¶2Do through the Cheif Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to B.ANANDAN Advocate SR.No.15916 ORDER IN CRL OP(MD) No.19304 of 2023 Date :02/11/2023 SSA/DD/(22.11.2023)/ 4P/ 6C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.