S.Bose v. The Inspector Of Police

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.12627 of 2022 S.Bose ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Muthukulathru Police Station, Ramanathapuram District.

(Crime No.154 of 2022).

... Respondent/Complainant For Petitioner : M/s.Vetrivel P, 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.154 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 147, 148, 294(b), 323 and 506(ii) IPC, in Crime No.154 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 arose between two groups over the decision that was made by the umpire and that the petitioner and other accused are 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 petitioner is innocent and he has 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 at between them in 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 petitioner.

7. Accordingly, this Criminal Original Petition is allowed and the petitioner are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Mudukulathur on condition that the petitioner 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 petitioner shall appear before the respondent police daily 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.

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.

+1. CC to M/S.VETRIVEL P Advocate SR.No.7880

ORDER

IN CRL OP(MD) No.12627 of 2022 Date :27/07/2022 SP/SVR/SAR III/04/08/2022/3P/6C