Karthick v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Karthick
2. Vicky @ Vignesh
3. Alex @ Pandiyarajan ... Petitioners/Accused No.4-6 Vs The State Rep. By, The Sub Inspector of Police, Thirunagar Police Station, Madurai City.
(Crime No.230/2022).
... Respondent/Complainant For Petitioner : Mr.Balamurugapandi D, 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.230 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners are facing charges under Sections 147, 294(b), 323 and 506(ii) IPC r/w Section 3(1) of TN Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.230 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 07.07.2022, his brother, namely Manivannan appears to have talked something bad against the daughter of one Kottaikalai. Over the aforesaid issue, on the same day itself at about 11.38 am., the accused persons assembled there, caused assault to the defacto complainant and also caused damage to his Scorpio Car. Based upon the aforesaid occurrence, the present case has been registered. In respect of the very same occurrence, the counter case in Crime No.231 of 2022 has also been registered against the counter party.
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3.Further, it is submitted that the matter has been compromised between the parties and based upon the aforesaid compromise, a petition in Crl.O.P.(MD) No.13218 of 2022 has been filed before this Court seeking quashment of the FIR. But later, the defacto complainant appears to have demanded some money, over which now it has been admitted that it is a case in counter case. 4.Even though the petitioners are having previous bad antecedents, the matter has been compromised at one point of time. Hence, 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.6, 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 NO.6, MADURAI DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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3. THE SUB INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-7956[I] dated 01/08/2022 )
ORDER
IN CRL OP(MD) No.13784 of 2022 Date :29/07/2022 mm USK/PN/SAR-I/16.08.2022/3P/6C 3/3