Mohanraj 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. Mohanraj

2. Deepan

3. Bharath

4. Ajithkumar ... Petitioners/Accused Rank Not known Vs State Rep.by The Inspector of Police, Chinnadharapuram Police Station, Karur District.

(Crime No.164 of 2022).

... Respondent/Complainant For Petitioners: Mr.B.Vinothkumar, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.164 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, 506(ii) I.P.C. and Section 3 of TNPPDL Act, in Crime No.164 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 03.08.2022 at about 04.45PM, the defacto complainant rode his two wheeler along with pillion rider. At that time two persons followed him in another two wheeler and tried to hit him. It was questioned by the defacto complainant, over which, trouble arose between them. The accused 1/3

persons abused, assaulted and also criminally threatened him. Hence, the complaint.

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

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the fourth petitioner is having one previous case and other petitioners are not having any previous case at their credit.

5. Considering the previous antecedents of the fourth petitioner, the learned counsel for the petitioners prays to withdraw the petition in respect of fourth petitioner. Hence, this Criminal Original Petition is dismissed as withdrawn, in respect of fourth petitioner.

6.On considering the nature of offence and that the petitioners 1 to 3 are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners 1 to 3 alone.

7. Accordingly, this Criminal Original Petition is partly allowed and the petitioners 1 to 3 are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Aravakurichi, 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/- 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, ARAVAKURICHI.

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2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE CHINNADHARAPURAM POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.B.VINOTH KUMAR, Advocate (SR-8524[I] dated 16/08/2022 )

ORDER

IN CRL OP(MD) No.14457 of 2022 Date :11/08/2022 PKP/JM/SAR-2/24.08.2022/3P/6C 3/3