Sithik @ Abdul Siddiq v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN (*)1.Sithik @ Abdul Siddiq (**)2.Ajish @ Abdul Ajees ... Petitioners/Accused (***)2 & 1 Vs State Rep.by The Inspector of Police, Natham Police Station, Dindigul District.
Crime No.329 of 2023..
... Respondent/Complainant For Petitioners : M/s.Gandhirajan M,Advocate For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.329 of 2023 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 1/4
police for the alleged offence punishable under Sections 294(b), 323, 427, 506(ii) of I.P.C and Section 4 of TNPHW Act, in Crime No.329 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to family dispute, on 29.06.2023, there was a wordy quarrel between the parties. The accused persons had abused and assaulted the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against them, since there was a family dispute between the parties. The injured has been discharged from the hospital. Hence, prays to release them on anticipatory bail.
4.The learned Government Advocate (Crl.Side) submitted that in this case, though the injured has been discharged from the hospital and the petitioners are not having any previous case, the accused persons had abused and assaulted the defacto complainant. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6.Taking into consideration the facts and circumstances of the case and considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 2/4
7. 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, Natham, Dindigul 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. 8.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/- 06/07/2023 (*)(**)(***)Amended as per order of the Court dt.21/07/2023 in Crl.MP(MD).
10253/2023 in Crl.OP(MD).12191/2023.
Further time is extended for fifteen days to comply the condition, which is imposed upon the petitioner.
/ TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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PNM TO TO BE SUBSTITUTED WITH THE ORDER DT.06/07/2023 ALREADY DESPATCHED THE JUDICIAL MAGISTRATE, NATHAM, DINDIGUL DISTRICT.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.
THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.GANDHIRAJAN, Advocate (SR-10277[I] dated 06/07/2023 )
ORDER
IN CRL OP(MD) No.12191 of 2023 Date :06/07/2023 PKP/ /SAR- /11.07.2023/ 4P/6C INDU SA/MMS/SAR. /01.08.2023/4P/6C 4/4