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Madras High CourtCRL OP(MD)/12536/2023granted

Shanmuganathan v. 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 1.Shanmuganathan, 2.Sasikumar, ... Petitioners/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Silaiman Police Station, Madurai District.

Crime No.246/2023..

... Respondent/Complainant For Petitioners : M/s.Udhayakumar.R, 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.246/2023 on the file of the respondent police. ORDER : The Court made the following order :- 1/4

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 324 and 506 (ii) of IPC, in Crime No.246 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to property dispute, the petitioners along with other accused abused the defacto complainant in filthy language and also attacked him with hands and woodenlog and caused injurious to him. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured has been discharged from the hospital and no previous case is pending against the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate Court No.II, Madurai, Madurai District, and on their executing a bond for a sum of Rs.10,000/- 2/4

(Rupees Ten Thousand only)each, 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 petitioners 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.II MADURAI, MADURAI DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.R.UDHAYAKUMAR, Advocate ( SR-10566[I] dated 12/07/2023 )

ORDER

IN CRL OP(MD) No.12536 of 2023 Date :11/07/2023 PKP/BUC/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