Muthu Kumar v. The Inspector Of Police

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muthukumar ... Petitioner / Accused No.2 Vs State represented by The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.

(In Crime No.153 of 2021) ... Respondent/Complainant For Petitioner : M/s.S.Vidhya Sagar, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.153 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.153 of 2021 on the file of the respondent police, seek anticipatory bail.

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2. The case of the prosecution is that on 14.06.2021, when the defacto complainant parked his vehicle in the road in front of his house, the 9th accused in this case has dash against the defacto complainant's vehicle and therefore, a wordy altercation arose between the defacto complainant and the petitioner herein. The accused persons attacked the defacto complainant and his family members by using deadly weapons and caused injury and also caused life threat to the defacto complaint with dire consequences. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, seek for the relief of anticipatory bail.

4. The learned Government Advocate (Crl.side) would submit that charge sheet has been filed before the Judicial Magistrate, Paramakudi, in C.C.No.697 of 2023 and the next hearing date is on 11.08.2023.

5. It is a case and counter case over local body election issue. Out of the issue four FIRs have been registered in Crime Nos. 153, 154, 158 and 159 of 2021 against each party and it is submitted that charge sheet has been filed before the concerned court in this case. The earlier applications were dismissed on the ground that the petitioner is facing previous cases and considering the present issue and the issue has arisen out of the election, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the 2/4

learned Judicial Magistrate, Paramakudi, on condition that the petitioner 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 petitioner shall appear before the Judicial Magistrate, Paramakudi, daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Judicial Magistrate, Paramakudi.

2.Do through the Chief Judicial Magistrate, Ramanathapuram District.

3.The Inspector of Police, Nainarkovil Police Station, Ramanathapuram District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-10922[I] dated 19/07/2023 )

ORDER

IN CRL OP(MD) No.13072 of 2023 Date :18/07/2023 ED/BUC/SAR- (26/07/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4