G.Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. G.Vijayakumar

2. M.Arumugam

3. M.Ravichadran ... Petitioners/Accused Nos.1 to 3 Vs The State Rep. By, The Inspector of Police, Thiruvengampet Police Station, Sivagangai District.

(Crime No. 57 of 2022).

... Respondents/Complainant For Petitioner : M/s.Malaikani S, 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. 57 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 offences punishable under Sections 294(b), 324 and Section 506(ii) of I.P.C., in Crime No.57 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that trouble arose between the petitioners and the defacto complainant with regard to hiring the vehicle, which belongs to the first petitioner. Over which, on 22.06.2022, at about 08.00 p.m, the petitioners said to have assaulted the defacto complainant with iron rod and hands and criminally intimidated him. Based on the complaint given by the defacto complainant, case has been registered against the petitioners and they were arrested and remanded to judicial custody. Ever since, they are in custody.

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3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the first petitioner is having one previous case in Crime No.204 of 2019, which is a petty offence and no bad antecedent reported against the petitioners and injured was discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that it is a dispute with regard to hiring the vehicle and there is no previous enmity between them and injured was discharged from the hospital, 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, Devakottai, Sivagangai District, 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/- 28/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI SIVAGANGAI DISTRICT.

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

3. THE INSPECTOR OF POLICE, THIRUVENGAMPET POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.MALAIKANI, Advocate ( SR-6272[I] dated 28/06/2022 )

ORDER

IN CRL OP(MD) No.11469 of 2022 Date :28/06/2022 dss USK/JM/SAR-I/07.07.2022/3P/6C 3/3