Tamilselvan @ Annamalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12391 of 2023 1.Tamilselvan @ Annamalai 2.Suvithkumar 3.Mahendran ... Petitioners/Accused Nos.2,3 and 5 Vs The State represented by The Inspector of Police, Alanganallur Police Station, Madurai District.

Crime No.259 /2023.

... Respondent/Complainant For Petitioners : M/s.G.Karuppasamy Pandiyan, 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.259/2023 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 147, 148, 294(b), 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.259 of 2023 on the file of the respondent police, seek

anticipatory bail.

2. The case of the prosecution is that on 01.07.2023, there was a wordy quarrel between the defacto complainant and the first accused and the other accused have joined with the first accused in the quarrel. The defacto complainant and her husband sustained injuries in this incident. 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 injured has been discharged from the hospital. Hence, prays to release them on anticipatory bail.

4. The learned Government Advocate (Crl.Side) submitted that a counter case also filed by the petitioners against the defacto complainant. Accused Nos.1 and 4 in this case, were already released on bail. The injured in this case, has been discharged from the hospital.

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.

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, Vadipatti, 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/- 13/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.G.KARUPPASAMY PANDIYAN, Advocate ( SR-10664[I] dated 13/07/2023 )

ORDER

IN CRL OP(MD) No.12391 of 2023 Date :13/07/2023 SS/BUC/20/07/2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023