Vicky @ Narayanan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1 VICKY @ NARAYANAN 2 NAGARAJAN 3 RAMAR ... PETITIONERS/ACCUSED NOS.1, 3 & 4 Vs State Rep.by THE SUB INSPECTOR OF POLICE SANKARANKOVIL TOWN POLICE STATION, TENKASI DISTRICT.
(CRIME NO.249 OF 2023) ... RESPONDENT/COMPLAINANT For Petitioner :
M/S.V.M.JEGADEESHA PANDIAN, Advocate For Respondent :
MR.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.249 OF 2023 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 294(b), 323, 324, 506(2) and 279(NP) of IPC, in Crime No.249 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/4
2.The case of the prosecution is that due to previous enmity, during the course of temple festival, the petitioners along with other accused abused the defacto complainant in filthy language and also attacked him with hands and also threatened him with dire consequences. The further allegation is that at the time of occurrence, the defacto complainant's gold chain was missing. Therefore, the present case came to be registered.
3.The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that in respect of the very same occurrence, FIR in Crime No.248 of 2023 has been registered against the defacto complainant and others. 4.The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been treated as out patient. He further submitted that it is a case in counter case.
5.Considering the facts and the circumstances of this case and also of the fact that it is a case in counter and the injured person has been treated as out patient, this Court is inclined to grant 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, 2/4
Sankarankovil, Tenkasi District, and on his 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 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/- 18/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tta TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TENKASI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUB INSPECTOR OF POLICE SANKARANKOVIL TOWN POLICE STATION, TENKASI DISTRICT. 3/4
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.M.JEGADEESHA PANDIAN, Advocate ( SR-10971[I] dated 20/07/2023 )
ORDER
IN Date :18/07/2023 RS/MR/SAR-(04.08.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4