Madras High CourtCRL OP(MD)/6400/2022ordered

Surrender v. The Inspector Of Police

2022-04-06Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/04/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Surendhar,

2. Ram,

3. Mathankumar, ... Petitioners/Accused No.1 to 3 Vs State Rep.by The Inspector of Police, Kallakudi Police Station, Trichy District.

(Cr.No.49/2022). ... Respondent/Complainant For Petitioner : M/s.S.Ramsundarvijayaraj, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 49 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 341 and 506(2) I.P.C., in Crime No.49 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that when the defacto complainant along with his step mother went by his two-wheeler, the accused persons waylaid them, abused them in filthy language and attacked them and also tried to snatch the de-facto complainant's mobile phone and two wheeler. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

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4.The learned Government Advocate (Crl. Side) for the respondent police submitted that no one has been injured in this case and the petitioners are not having any bad antecedents. 5.Considering the nature of offence, the overt act attributed against the petitioners, no one has been injured in this case and the petitioners are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Lalgudi, on condition that the petitioners shall execute 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 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 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/- 06/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, LALGUDI.

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

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

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

+1 CC to M/s.S.RAMASUNDARVIJAYRAJ, Advocate ( SR-2999[I] dated 06/04/2022 )

ORDER

IN CRL OP(MD) No.6400 of 2022 Date :06/04/2022 RS/VR/SAR.2 (12.04.2022) 3P-6C 3/3