Madras High CourtCRL OP(MD)/1045/2022disposed of

S.Kumaravel v. The Inspector Of Police

2022-01-25Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1045 of 2022

1. S.Kumaravel

2. V.Praveen ... Petitioners/Accused No.3 and 4 Vs State rep.by The Inspector of Police, Thottiyam Police Station, Trichy District.

(Crime No.08/2022).

... Respondent/Complainant For Petitioners: M/s.R.Kavinprasath, Advocate. For Respondent : M/s.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.08 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324, 506(ii) IPC, in Crime No.8 of 2022, seek anticipatory bail.

2.The case against the petitioners is that the petitioners and others abused the defacto complainant in filthy language, stabbed him on the left side hip with knife and caused him injuries. The case in Crime No.8 of 2022 was registered against the petitioners under Sections 294(b), 324, 506(ii) IPC. The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners it is stated that there is no specific overt act against the petitioners. The petitioners are A3 and A4 in this case. The first petitioner is having three years old minor child and the second petitioner is a college student. The allegation against the petitioners is that they assaulted the defacto complainant with hands. Hence, Section 324 IPC is not made out against the petitioners. In this case, A1 was already released on bail and praying to release the petitioners on anticipatory bail. 4.On the side of prosecution it is stated that the petitioners and other three persons assaulted the defacto complainant with dire consequences. It is fairly admitted that the injured was discharged from the hospital.

5.It is seen that the injured was already discharged from the hospital. Considering the nature of offence and co-accused already enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioners on the following conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Musiri and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the concerned Court daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 25/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE JUDICIAL MAGISTRATE, MUSIRI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC.to M/S.R.KAVINPRASATH, ADVOCATE SR.NO.414

ORDER

IN CRL OP(MD) No.1045 of 2022 Date :25/01/2022 SP/VR/SAR IV/31/01/2022/2P/6C