Gopalakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Gopalakrishnan

2. Siyamala ... Petitioners/Accused Nos.1&2 Vs The State rep.by, The Inspector of Police, Valanadu Police Station, Trichy District.

Crime No.90 of 2023.

... Respondent/Complainant For Petitioners : M/s.Karunanithi M,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.90 of 2023 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 147, 341, 294(b), 323, 324, 506(2) I.P.C, in Crime No.90 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on account of previous enmity, on 02.06.2023 at about 07.30a.m., there was a wordy quarrel between the parties, over which, the accused persons abused and assaulted the husband of defacto complainant with wooden logs and pelted stones. They also criminally intimidated them. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocents and not committe any such offence. The 1/3

injured has already been 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 previous enmity between the parties. The injured has already been discharged from the hospital and there is no previous case pending against the petitioners.

5. Considering the previous enmity between the parties and the facts that the injured has already been discharged from the hospital, that the petitioners are not having any previous case 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, Manaparai 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 as and when required for interrogation. 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/- 12/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnm TO 1.THE JUDICIAL MAGISTRATE, MANAPARAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE INSPECTOR OF POLICE, VALANADU POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.12647 of 2023 Date :12/07/2023 RK/MMS (14/07/2023) 3P/5C 3/3