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Madras High CourtCRL OP(MD)/14559/2022granted

Karthir @ Karthirvel v. The Inspector Of Police

2022-08-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Karthir @ Karthirvel

2. Rajendran

3. Kumaresan @ Balaji Kumaresan

4. Arun @ Arun Kumar,

5. Vinoth

6. Selvaraj

7. Baskar ... Petitioners/Accused Nos.A1 to A7 Vs The State rep.by, The Inspector of Police, Namanasamudram Police Station, Pudukkottai District.

Crime No.91 of 2022.

... Respondent/Complainant For Petitioners : M/s.Veerakumar.T,Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.91 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 336 and 354 of IPC, in Crime No.91 of 2022 on the file of the respondent police, seeks anticipatory bail. 1/3

2.The case of the prosecution is that due to previous enmity with regard to the celebration of temple festival, the petitioners along with other accused abused the defacto complainant in filthy language and also attacked him with wooden log and sticks and caused injuries to him. Therefore, the present case came to be registered. 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. He would further submit that a case in counter has been registered against the defacto complainant and also submitted that in the above said occurrence, the petitioners are sustained injuries.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that in both cases the injured has been discharged from the hospital.

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, however, with stringent conditions. 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, Thirumayam, Pudukottai District, and on their executing 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 on every Saturday at 10.30 am until further orders. The petitioners 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/- 12/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE , THIRUMAYAM, PUDUKOTTAI DISTRICT.

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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3.THE INSPECTOR OF POLICE, NAMANASAMUDRAM POLICE STATION, PUDUKKOTTAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.VEERAKUMAR T Advocate SR.No.8523

ORDER

IN CRL OP(MD) No.14559 of 2022 Date :12/08/2022 RK/PN/SAR-II (25/08/2022) 3P/6C 3/3