R.Manimozhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. R.Manimozhi

2. Kavitha

3. P.Thilagavathi ... Petitioners/Accused Rank Nos.3 to 5 Vs State Rep.by The Inspector of Police, Valanthur Police Station, Madurai District.

Crime No.63 of 2022.

... Respondent/Complainant For Petitioners : Mr.K.Dinesh, 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.63 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, 294(b), 323, 324 and 506(ii) I.P.C, in Crime No.63 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 25.07.2022 over the issue of receiving first honour in the village temple, trouble arose between two groups of people. The accused persons assaulted the persons belongs to the defacto complainant party, in which, several persons got injured. Hence, the complaint. 1/3

3. The learned counsel for the petitioners submitted that there was dispute between two groups in receiving first honour from the temple, in which, both were assaulted each other and sustained injuries. The co-accused were already enlarged on bail by the lower Court. The petitioners are working in Government Department. Hence, prays to release them on anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that due to rival between two groups in the temple festival, this case has been registered. The petitioners are not having any previous case at their credit and that the injured were discharged from the hospital.

5. Considering the above facts and circumstances, that the nature dispute between the parties, that the co-accused were already enlarged on bail, that the injured discharged from the hospital and that the petitioners are not having any previous case at their credit, this Court is inclined to grant anticipatory bail to the petitioners.

6. 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.2, Usilampatti, Madurai, 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.

7. 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/- 11/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI.

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2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE VALANTHUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.A.KARTHICK KUMAR, Advocate (SR-8493[I] dated 12/08/2022

ORDER

IN CRL OP(MD) No.13813 of 2022 Date :11/08/2022 pnm PKP/JM/SAR-4/25.08.2022/3P/6C 3/3