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Madras High CourtCRL OP(MD)/12578/2023granted

Jeyakumar 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.Jeyakumar 2.Wilson @ Wilson Doss ... Petitioners / Accused Nos.1 and 2 Vs State Represented by its The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi District.

(Crime No.116/2023.) ... Respondent / Complainant For Petitioner : Mr.T.A.Ebenezer, Advocate.

For Respondent : S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.116/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 353 of I.P.C. in 1/4

Crime No.116 of 2023 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that there is wordy quarrel between the petitioners and the owner of Balakrishna Theatre, at that time, the defacto complainant, who is the Sub-Inspector of Police requested the petitioners to go away from the occurrence place, the petitioners spoken to the defacto complainant in singular word. 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 except this case, there is no bad antecedent reported against this petitioners.

5. Considering the nature of offence and considering that there is no previous case registered against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

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6. 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 No.II, Thoothukudi, 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.

7. 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/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate No.II, Thoothukudi.

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2.Do through the Chief Judicial Magistrate, Thoothukudi District.

3.The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12578 of 2023 Date :11/07/2023 ED/DD/SAR- (21/07/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4