Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Senthilkumar

2. Krishnaveni

3. Viswa ... Petitioners/Accused No.1 to 3 Vs The State rep.by, The Inspector of Police, Guziliyamparai Police Station, Dindigul District.

Cr. No. 141/2022.

... Respondent/Complainant For Petitioners : M/s.Vilma Rexy.V, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.141 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 294(b), 323, 355, 506(ii) I.P.C, in Crime No.141 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant leased out his property to one Manokaran and he was running a Poultry shop and the first petitioner is working as a coolie in that shop and the accused persons causing trouble by taking liquor during night hours, in that shop. Therefore, the defacto complainant asked the said Manokaran to vacate the shop, over which, the accused persons abused the defacto complainant with filthy language, 1/3

assaulted him with knife and also the wife of first accused thrown broomstick against him. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocents and not committed any such offence, that the injured was discharged from the hospital. Hence, prays to release them on anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that there was a dispute with regard to consumption of liquor in the shop of the defacto complainant. The injured was discharged from the hospital and there is no previous cases pending against the petitioners.

5. Considering the dispute between the parties, that the injured was discharged from the hospital, that the petitioners are not having any previous cases at their credit, this Court is inclined to grant anticipatory bail to the petitioners.

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, Vedasandur, Dindigul District, 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/- 01/09/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1.THE JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

2/3

3.THE INSPECTOR OF POLICE, GUZILIYAMPARAI POLICE STATION, DINDIGUL DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.VILMA REXY.V Advocate SR.No.42566(f)

ORDER

IN CRL OP(MD) No.14562 of 2022 Date :01/09/2022 RK/SVR/SAR-IV (08/09/2022) 3P/6C 3/3