Giri @ Easwaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Giri @ Easwaran
2. Palanisamy
3. Kumaresan
4. Suresh @ Neerkathalingam
5. Arulraj
6. Lasar @ Palmanickam ... Petitioners/Accused Nos.4 to 9 Vs The State rep.by The Inspector of Police, Watrap Police Station, Virudhunagar District.
Crime No.185 of 2022.
... Respondent/Complainant For Petitioner : M/s.M.MANIMEGALAI, Advocate.
For Respondent : 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.185 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, 294(b), 324, 323 and 506(ii) I.P.C., in Crime No.185 of 2022 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the de facto complainant lodged a complaint stating that his brother has informed him that 1/3
after taking sand for the agricultural purpose, it was intercepted by the Revenue officials. Hence, the defacto complainant went to the spot for making enquiry. At that time, the accused persons came there in a Car and abused him in a filthy language and caused assault with beer bottle and criminally intimidated him. Based upon the complaint, given by the defacto complainant, case has been registered against the petitioners.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the coaccused have already been released on bail in Crl.O.P(MD).No.13269 of 2022, dated 25.07.2022.
4.The learned Government Advocate (Crl.Side) submitted that the injured sustained only simple injury and discharged from the hospital.
5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and the injury is simple in nature and the co-accused has already been released on bail, 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.I, Srivilliputur, 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/- 02/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.I SRIVILLIPUTHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.MALAIKANI S Advocate SR.No.8000
ORDER
IN CRL OP(MD) No.13937 of 2022 Date :02/08/2022 TRP SA/JM/SAR.2/12.08.2022/3P/6C 3/3