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Madras High CourtCRL OP(MD)/12636/2022granted

U.Gopal @ Gopalakrishnan v. The Inspector Of Police

2022-07-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12636 of 2022

1. U.Gopal @ Gopalakrishnan

2. A.Thirumurugan

3. A,Nerumurugan @ Neru

4. V.Dhanapal

5. S.Nagasamy

6. A.Muniysamy @ Korali Muniysa

7. V.Thangaraju @ Thangasamy

8. A.Moorthy

9. M.Boopathi

10. A.Velusamy

11. M.Karuppasamy

12. M.Ramasamy

13. U.Arumugam @ Kurukal Arumugam

14. U.Udayakumar @ Kathadi

15. V.Selvaraj

16. A.Prem Anand @ Singathurai

17. K.Velmurugan

18. R.Arumugam @ Motor Arumugam ... Petitioners/Accused Nos.1 to 3 & 5 to 19 Vs State rep.by The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

(Crime No.156 of 2022).

... Respondent/Complainant For Petitioners : M/s.Thirumurugan T, 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.156 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 341, 294(b), 323, 336 and 506(ii) IPC, in Crime No.156 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that during the time of conducting Kabadai Tournament, there was some trouble between two groups over the decision that was made by the umpire and that the petitioners and other accused said to have attacked the defacto complainant and others and also abused them in filthy language. Hence, the complaint.

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 some of the persons have been injured and they have been discharged from the hospital.

5. The respondent police / Investigating Officer present before this Court and submitted that when the police officials entered into the village for arresting the accused, the village peoples prevented them since the compromise arrived between them at the village level.

6. Even though the assault has been caused each other by using deadly weapons, the village people have entered into a compromise between them and that the injured persons have been discharged from the hospital, 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, Mudukulathur, Ramanathapuram on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police as and when required for interrogation. 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/- 27/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE, MUDUKULATHUR, RAMANATHAPURAM.

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

3. THE INSPECTOR OF POLICE, MUTHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.12636 of 2022 Date :27/07/2022 SP/SVR/SAR III/04/08/2022/3P/5C