Madras High CourtCRL OP(MD)/14854/2022granted

K.Sathiyaseelan v. The Inspector Of Police

2022-09-01Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14854 of 2022

1. K.Sathiyaseelan

2. K.Udhayaprakash

3. K.Siva @ Sivaraman ... Petitioners/Accused Accused Nos.1 to 3 Vs State rep.by The Inspector of Police, Mimisal Police Station, Pudukkottai District.

(Crime No.99 of 2022).

... Respondent/Complainant For Petitioners : M/s.Suresh M, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.99 of 2022 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 294(b), 341, 323, 324, 506(ii) I.P.C, in Crime No.99 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 08.08.2022 at about 08.00PM, the defacto complainant was waylaid by the petitioners, abused and assaulted him with wooden log. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocents and not committed any such offence, that the injured was 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 the defacto complainant engaged one Karnan as Carpenter and he cheated him, over which, there was dispute between the parties and at the instigation of said Karnan, the present occurrence took place. The injured was discharged from the hospital and there is no previous cases pending against the petitioners.

5. Considering the dispute between the parties, that the injured was discharged from the hospital, that the petitioners are not having any previous cases 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, Aranthangi, Pudukottai 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.

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/- 01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM

1. THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKOTTAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.14854 of 2022 Date :01/09/2022 SP/SVR/SAR I/09/09/2022/3P/5C