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Madras High CourtCRL OP(MD)/12548/2023granted

Hariharan Alias Karuppandi Alias Sarthiragan v. State Represented By The Inspector Of Police

2023-07-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Hariharan @ Karuppandi @ Sarthiragan, ... Petitioner/Accused Rank Not Known Vs State Represented by the Inspector of Police, Medical College Police Station, Thanjavur District.

(Crime No. 193/2022) ... Respondent/Complainant For Petitioner : M/s.Karunakaran.K, Advocate. For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.193 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/4

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii), in Crime No.193 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the dispute between the driver and the conductor, on 28.03.2023 at about 11.00 p.m, the petitioner along with the other accused abused the defacto complainant in filthy language and also attacked him with woodenlog. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioner and also submitted that the injured has been discharged from the hospital. 5.Considering the facts and the circumstances of this case and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, however, with stringent conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate No.2, Thanjavur, and 2/4

on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE JUDICIAL MAGISTRATE NO.2 THANJAVUR.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

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STATE REPRESENTED BY THE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION , THANJAVUR DISTRICT.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-10507[I] dated 11/07/2023

ORDER

IN CRL OP(MD) No.12548 of 2023 Date :11/07/2023 PKP/DD/SAR- /24.07.2023/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4