CRL OP(MD) No.3399 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Thursday, the Third day of March Two Thousand and Twenty Two

PRESENT

The Hon`ble Mr.Justice K.MURALI SHANKAR

CRL OP(MD) No.3399 of 2022

SARAVANA PERUMAL

... PETITIONER/SOLE ACCUSED

Vs

THE INSPECTOR OF POLICE

MOONDRADAIPPU POLICE STATION,

TIRUNELVELI.

CR.NO.196/2021

... RESPONDENT/COMPLAINANT

MUTHAMMAL

... INTERVENE PETITIONER/PROPOSED RESPONDENT NO.2

For Petitioner

: M/S.PAMELIN W Advocate

For Respondent

: MR.M.MUTHUMANIKKAM,

Government Advocate (Crl.Side)

For Intervener

: MR.M.PERUMAL, Advocate

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.196 OF 2021 ON THE FILE

OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :-

The petitioner/sole accused, who apprehends arrest at the hands

of the respondent police for the offences punishable under Sections

294(b), 324 and 307 IPC @ 341, 294(b) and 307 IPC and Section 4 of

TNPWH Act, in Cr.No.196 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 29.12.2021, when the

de-facto complainant was in the shop, the petitioner came there and

demanded things, but the de-facto complainant refused to give the

same and demanded the old balance of Rs.3,000/- from the petitioner,

for which, the petitioner abused her in filthy language and also

assaulted the de-facto complainant's husband with crow-bar on his

leg. Hence, the complaint.

3.The learned counsel for the intervenor would submit that the

de-facto complainant has suffered grievous injury and that the

petitioner has been doing such activities continuously in the area.

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CRL OP(MD) No.3399 of 2022

4.The learned Government Advocate (Crl.Side) appearing for the

respondent would submit that the injured was discharged from the

hospital and that the petitioner is not having any previous case for

similar offence.

5.When the matter is taken up for hearing today, the learned

counsel for the petitioner has filed an undertaking affidavit sworn

by the petitioner, wherein, he has given an undertaking that he will

not indulge in such criminal activities and will not cause any

disturbances to the de-facto complainant or his family members.

6.Considering the above facts and circumstances and also the

facts that the injured was discharged from the hospital, that the

petitioner is not having any previous case for similar or serious

offence and also taking note of the undertaking affidavit given by

the petitioner, this Court is inclined to grant anticipatory bail to

the petitioner, but with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail

in the event of arrest or his appearance, within a period of fifteen

days from the date of receipt of a copy of this order, before the

learned Judicial Magistrate, Nanguneri, on condition that the

petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees

Twenty Five Thousand only) with two sureties, each for a like sum to

the satisfaction of the respondent Police or to the Police Officer,

who intends to arrest or to the satisfaction of the learned

Magistrate concerned and on further conditions that:

(a)the petitioner and the sureties shall affix their

photographs and left thumb impression in the surety bond and the

Magistrate may obtain a copy of their Aadhar card or Bank pass Book

to ensure their identity;

(b)the petitioner shall stay at Villupuram and report before

the Inspector of Police, B1 Town Police Station, Villupuram daily at

10.30 a.m. for a period of 30 days and thereafter, report before the

respondent police daily at 10.30 a.m., until further orders.

(c)the petitioner shall not tamper with evidence or witness

either during investigation or trial;

(d)the petitioner shall not abscond eithe