Karthick @ Karthikeyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.11876 and 11878 of 2022
1. Karthick @ Karthikeyan
2. Prakash ... Petitioners / Accused No.3 & 4 in Crl.O.P.(MD) No.11876 of 2022 Mohan @ Mohanraj ... Petitioner / Accused No.1 in Crl.O.P.(MD) No.11878 of 2022 Vs The State rep.by, The Inspector of Police, Kulithalai Police Station Crime No.347 of 2022.
... Respondent / Complainant in both Crl.OP's.
For Petitioners : Mr.M.Saravanan, Advocate. (In both Crl.O.P.s) For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) (In both Crl.OPs.) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :-For Anticipatory Bail in Crime No.347 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners 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. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.347 of 2022 on the file of the respondent police, seek anticipatory bail. 2.It is a case and counter case. The defacto complainant has stated that on 18.06.2022 there was wordy quarrel between him, Kolakaran, Sankar's family and the defacto complainant's brother, namely Velmurugan, who was the surety to one Saravanakumar, who was arrested in a case. On 20.06.2022, at about 07.30 pm., when he was 1/3
standing in front of his house, the accused came there and because of the previous enmity, they caused assault with deadly weapon. More than 3 persons were injured and they were taken to the hospital, based upon which the present case has been registered. The counter case has also been registered on the basis of the complaint given by the second accused herein as the defacto complainant against the other party. In their complaint, they also stated that they have also been injured.
3.The learned Government Advocate (Crl. Side) for the respondent police submitted that in both the cases, the injured has been discharged from the hospital.
4.Considering the nature of offence, the overt act attributed against the petitioners and considering the fact that the injured persons in both the cases have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
5.Accordingly, these Criminal Original Petitions are 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.2, Kulithalai, 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.
6.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/- 08/07/2022 / 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.
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TO 1 THE JUDICIAL MAGISTRATE NO.2 KULITHALAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. CC to MR.S.ASHOK, Advocate SR.No.6845, 6846.
ORDER
IN CRL OP(MD) No.11876 & 11878 of 2022 Date :08/07/2022 MM MK/VR/SAR.II/20.07.2022/3P/7C 3/3