Malayandi @ Ashok Mpr v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1. Malaiandi @ Ashok MPR

2. P. Veeranan Alias Raja

3. T. Vinoth Kumar ... Petitioners / Accused Nos.1, 4 and 2 Vs The State of Tamil Nadu rep by, The Inspector of Police, M. Chatrapattai Police Station, (Crime No.91/2023.) ... Respondent/Complainant For Petitioner : M/s.Dinesh.K, Advocate.

For Respondent : S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.91/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1, 2 and 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 109, 294(b), 323, 324, 506(ii) I.P.C. in Crime No.91 of 2023 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that over receiving the first honour on the eve of Kumbabishegam, trouble arose, the accused persons alleged to have caused assault to the defacto complainant and others.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

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4. The learned Government Advocate (Crl. Side) for the respondent police submitted that except this case, there is no bad antecedent reported against these petitioners and in that village also, there is no such previous occurrence happened. Apart from that he woud submit that the proceedings under Section 107 of Cr.P.C., has been initiated against the above said persons, which is stated to be pending. The injured has been 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 there is no previous case registered against these petitioners, 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 District Munsif cum Judicial Magistrate - V, 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/- 04/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1.The learned District Munsif cum Judicial Magistrate No.V, Madurai.

2. Do-Through The Chief Judicial Magistrate, 2/3

3. The Inspector of Police, M. Chatrapattai Police Station,

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.DINESH, Advocate ( SR-10203[I] dated 05/07/2023 )

ORDER

IN CRL OP(MD) No.12089 of 2023 Date :04/07/2023 ED/ /SAR- (08/07/2023) 3P 6C 3/3