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Madras High CourtCRL OP(MD)/12149/2022granted

Siva v. The Inspector Of Police

2022-07-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12149 of 2022

1. Siva

2. Muthupandi @ Moorthi

3. Moorthi

4. Velmurugan

5. Sendrayen ... Petitioners/Accused No.1 to 3,6 & 7 Vs State rep.by The Inspector of Police, Gandamanur Vilakku Police Station, Theni District.

(Crime No.117 of 2022).

... Respondent/Complainant For Petitioners: M/s.Jeyakumar B, 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.117 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1to3,6&7, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 148, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.117 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due the previous enmity between the petitioner and the defacto complainant on 01.07.2022, at

about 03.00 p.m, trouble arose between the two groups of people. In which, exchange of blows between them. As a result of which, the defacto complainant sustained injury and admitted in the hospital. Later, he was discharged.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that injured was discharged from the hospital. Hence, he prays for anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to the previous enmity, above said occurrence said to have taken place. No bad antecedents reported against the petitioners. It is a case and case in counter and the injured was discharged from the hospital. 5.Reading of the FIRs shows that due to previous enmity, trouble arose between two groups of people. In which, exchange of words between them. As a result of which, both sides got injury and admitted in the hospital. Later, discharged from the hospital. 6.Considering the facts and circumstances of the case and also considering the fact that it is a group clash between two groups of people and it is a case and case in counter, the injured was discharged from the hospital and no bad antecedents reported against the petitioners, 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, Andipatti, Theni 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. 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/- 06/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

dss

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, ANDIPATTI, THENI DISTRICT.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, GANDAMANUR VILAKKU POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.JEYAKUMAR B Advocate SR.No.6729

ORDER

IN CRL OP(MD) No.12149 of 2022 Date :06/07/2022 SP/SVR/SAR I/12/07/2022/3P/6C