Madras High CourtCRL OP(MD)/11027/2022granted

C.Ramesh v. The Inspector Of Police

2022-06-28Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11027 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11027 of 2022 1.C.Ramesh 2.C.R.Adhithsaravanan ... Petitioners/Accused Nos.1,2 Vs The State rep.by, The Inspector of Police, Uppiliapuram Police Station, Trichy District.

Crime No.160 of 2022.

... Respondent/Complainant For Petitioners : Mr.N.Anandakumar Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.160 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) I.P.C. in Crime No.160 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 15.06.2022 at about 08.00 pm., when the defacto complainant was riding a two wheeler, he was advised to ride the vehicle in a proper manner. In pursuance of the aforesaid issue, it appears that the co-accused gathered themselves, caused injury to the defacto complainant and criminally intimidated him also.

3.The learned counsel for the petitioners submits that in respect to the very same occurrence, a case in Crime No.161 of 2022 was registered for the offences punishable under Sections 294(b), 324 and 506(i) IPC. In that case also, the present defacto complainant alleged to have assaulted with hands and stones. 4.Reading of both the FIR shows that there was a group clash between the two groups of people, in which both of them injured and now, in both the cases, the injured has been discharged from the hospital.

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CRL OP(MD). No.11027 of 2022 5.The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous bad antecedents is reported against the petitioners.

6.Considering the nature of offence, the overt act attributed against the petitioners and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

7.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, Thuraiyur, 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.

8.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/- 28/06/2022 / TRUE COPY / /07/2022 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, THURAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE UPPILIAPURAM POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.11027 of 2022 Date :28/06/2022 MM MK/VR/SAR.II/08.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2