Ponram 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. Ponram
2. Prabhu ... Petitioners / Accused rank not known Vs State rep by The Inspector of Police, Natham Police Station, Crime No.312 of 2023.) ... Respondent / Complainant For Petitioners : M/s.Viji 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.312 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 police for the alleged offence punishable under Sections 294(b), 323, 506(i) of I.P.C, in Crime No.312 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 17.06.2023 at about 07.00p.m., while the defacto complainant was standing before the Gramma Panchayat, the accused persons came there and abused him with filthy language, assaulted him and also threatened him with dire consequences. 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 previous enmity between the parties. The 1/3
injured has been discharged from the hospital. The co-accused has already been enlarged on bail. 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, the accused persons 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 and the co-accused has already been enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM To 1.The Judicial Magistrate, Natham, Dindigul District.
2.Do through the Chief Judicial Magistrate, 2/3
3.The Inspector of Police, Natham Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.VIJI, Advocate ( SR-10262[I] dated 06/07/2023 )
ORDER
IN CRL OP(MD) No.12236 of 2023 Date :06/07/2023 ED/ /SAR- (10/07/2023) 3P 6C 3/3