Thavasinathan @ Thavasi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1821 of 2022
1. Thavasinathan @ Thavasi
2. Suryaprakash ... Petitioners/Accused No.2 & 3 Vs State rep.by The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.
(Crime No.20 of 2022).
... Respondent/Complainant For Petitioners: M/s.B.Mahendrarajan, 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.20 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 147, 148, 294(b), 427 and 506(ii) IPC, in Crime No.20 of 2022, seek anticipatory bail.
2.The case against the petitioners is that they formed into an unlawful assembly with weapon and scolded the defacto complainant in filthy language and threatened him with dire consequences. Hence, the complaint.
3.On the side of the petitioners it is stated that there was a quarrel between neighbours. Co-accused were enlarged on bail by this
Court in Crl.OP(MD)No.1254 of 2022 dated 25.01.2022. Hence, prays to release them on anticipatory bail.
4.On the side of prosecution it is stated that totally six accused involved in the occurrence. The defacto complainant is a neighbour to the petitioners. No one was injured in this occurrence. 5.Considering the nature of offence, that no one was injured in the occurrence and that the co-accused were released on the same footage, 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, Muthukulathur 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 respondent police 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/- 01/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) 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.
TO
1. THE JUDICIAL MAGISTRATE, MUTHUKULATHUR.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3. THE INSPECTOR OF POLICE, MUTHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1821 of 2022 Date :01/02/2022 SP/JM/SAR I/04/02/2022/3P/5C