Sivakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11892 of 2022
1. Sivakumar
2. Rajeshwaran ... Petitioners/Accused No.1 & 2 Vs State rep.by The Inspector of Police, Somarasapet Police Station, Trichy District.
(Crime.No.201 of 2022). ... Respondent/Complainant For Petitioners : Mr.Rameshkumar 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.201 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.201 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 15.06.2022, the accused persons alleged to have stolen the corn kernels from the property, which belongs to the defacto complainant. When that was warned and questioned, the accused party gathered there and caused assault to the defacto complainant. He was also abused in filthy language. At the intervention of the neighbours, the accused persons ran away from that place.
3.The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous bad antecedents is reported against the petitioners and 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 person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 5.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.5, Trichy, 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 stands dismissed.
Sd/- 04/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
MM 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 NO.5, TRICHY.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, SOMARASAPET POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.RAMESHKUMAR S Advocate SR.No.6606
ORDER
IN CRL OP(MD) No.11892 of 2022 Date :04/07/2022 SP/SVR/SAR I/14/07/2022/3P/6C