Santhosh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12711 of 2023
1. Santhosh 2.Veeracholan 3.Krishna 4.Vishal 5.Kabilan 6.Mathivanan @ Mathivaalan 7.Sargunan 8.Aravindan @ Aravinda Kumar 9.Thavakumar ... Petitioners/Accused Nos.1 to 9 Vs The State represented by The Inspector of Police, Regunathapuram Police Station, Pudukkottai District.
Crime No.30 /2023.
... Respondent/Complainant For Petitioners : M/s.N.Jothivel, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30/2023 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 and 506(ii) of IPC in Crime No.30 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 17.06.2023, when the defacto complainant was returning to home after attending funeral function, the petitioners have way laid him and there arose a wordy quarrel. The petitioners attacked and threatened the defacto complainant. On 18.06.2023 also the petitioners have assaulted the defacto complainant and threatened him with dire consequences. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against them, since there was a previous enmity between the parties. The injured has been discharged from the hospital. Hence, prays to release them on anticipatory bail.
4. The learned Government Advocate (Crl.Side) submitted that a counter case also filed by the petitioners against the defacto complainant and the accused has been granted bail in the counter case. The injured in this case, has been discharged from the hospital,
5. Heard the learned counsel appearing on either side and perused the materials
placed before this Court.
6. Taking into consideration the facts and circumstances of the case and considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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, Karambakudi, Pudukottai 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.
8. 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/- 13/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE JUDICIAL MAGISTRATE, KARAMBAKUDI, PUDUKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE REGUNATHAPURAM POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12711 of 2023 Date :13/07/2023 SS/BUC/21/07/2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023