Juliyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Juliyan,
2. Seetharaman,
3. Sonai Bharathi @ Sonai Balaj Kumaran ... Petitioners/Accused Nos.4,5 and 7 Vs THE STATE REPRESENTED BY The Inspector of Police, Karimedu Police Station, Madurai City, Madurai.
Crime.No.382 of 2022. ... Respondent/Complainant For Petitioner : Mr.S.Suresh Kumar Isaac Paul., Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.382 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners are facing charges under Sections 147, 148, 341, 323, 324 and 506(ii) IPC in Crime No.382 of 2022 on the file of the respondent police.
2.The case of the prosecution is that the defacto complainant lodged a complaint stating that he was working as Regional President in SRES Trade Union. Based upon the invitation that was made by the Engineering Supervisor, namely Seetharaman, on 18.05.2022 at about 06.00 pm., he went to the office and at that time, the other group belongs to SRMU abused him in filthy language. He was also criminally intimidated. So, he escaped from that place and later, 1/3
knowing that he is going to give a complaint to the Regional Manager, the accused persons came there, assaulted him with hands and also abused him in filthy language. Over the aforesaid occurrence, he lodged the present complaint.
3.The learned Government Advocate (Crl.side) for the respondent would submit that no previous bad antecedents is reported against the petitioners. He would further submit that it is a case and counter case. The counter case was registered in Crime No.381 of 2022.
4.Reading of the counter FIR shows that due to the previous enmity, the accused persons came to the place of occurrence, criminally intimidated and tried to killed the defacto complainant in Crime No.381 of 2022. On the basis of the complaint given by the 2nd petitioner herein, the defacto complainant, the aforesaid case has been registered.
5.Reading of both the FIR shows that it is a dispute between the two Union of the Indian Railway. In view of the fact that the dispute is between the union members, 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 No.V, Madurai, 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 shall stand dismissed.
sd/- 29/07/2022 / TRUE COPY / /08/2022 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.
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TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.
3 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11123 of 2022 Date :29/07/2022 SS/VR/SAR-I/10/08/2022/ 3P 5C 3/3