Sathik Batcha @ Sanmiya Lebbai v. The Inspector Of Police
CRL OP(MD). No.13770 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13770 of 2022
1. Sathik Batcha @ Sanmiya Lebbai
2. Abdul Majeeth ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Inspector of Police, Kottampatti Police Station, Madurai District.
Cr.No.218/2022.
... Respondent/Complainant For Petitioners : M/s.ROHINI.P, Advocate.
For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 218/2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners are facing charges under Sections 294(b), 324 and 506(ii) IPC in Crime No.218 of 2022 on the file of the respondent police.
2.The case of the prosecution is that the defacto complainant lodged a complaint stating that on 04.07.2022, the accused persons came to the shop of the defacto complainant and asked him to vacate the same, over which there was trouble and at the intervention of the neighbours, that was also compromised. Later, in pursuance of the aforesaid enmity, on 05.07.2022 at about 08.30 am., when the defacto complainant was walking in front of his house, the accused persons came there and assaulted him with wooden log, demanding vacation of the shop. He was also criminally intimidated. 3.The learned Government Advocate (Crl.side) for the respondent would submit that no previous bad antecedents is reported against the petitioners. He would further submit that the injured has been discharged from the hospital and only due to the previous enmity over the vacation of the shop, trouble has arisen between the parties.
https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.13770 of 2022 4.Considering the fact that no previous bad antecedents is reported against the petitioners and the injured 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, Melur, Madurai 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. 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/- 29/07/2022 / TRUE COPY / /08/2022 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.
TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.ROHINI.P Advocate SR.No.34674 ORDER IN CRL OP(MD) No.13770 of 2022 Date :29/07/2022 MM SA/VR/SAR.3/05.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2