Naveen @ Akash Naveen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Naveen @ Akash Naveen,
2. Devakumar, ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur (Crime No. 890 of 2022).
... Respondent/Complainant For Petitioners : Mr.G.Karnan, 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.890 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners are facing charges under Sections 147, 148, 294 (b), 324 and 506(2) IPC in Crime No.135 of 2022 on the file of the respondent police.
2.The case of the prosecution, as per the defacto complainant's version, is that on 10.08.2022 at about 10.00 pm., when he was sleeping in the house, 15 persons came there and made noise. The door was opened by the wife and at that time, the accused persons started assaulting him with wooden log, in which his wife, mother and sister-in-law were also got injured. They were also criminally intimidated. Over the aforesaid occurrence, the present FIR has been registered. Over the very same occurrence, one Rethinasamy, who is the 3rd accused in the present FIR, has given a compliant stating that only the defacto complainant's party started assaulting them 1/3
and abused them in filthy language, over which also they sustained injury.
3.Reading of both the FIR shows that there was exchange of words between the two groups of people over the petty issue, the injured has been discharged from the hospital and no previous bad antecedent is reported against the petitioners. So, this Court is inclined to grant anticipatory bail to the petitioners.
4.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 Court No.2, Thanjavur, 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 1st petitioner shall appear before the respondent police daily at 10.30 am., until further orders. The 2nd petitioner shall appear before the respondent police once in 15 days ie., on the 1st and 16th working day of every English Calendar month until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
5.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 shall stand dismissed.
sd/- 01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR 2/3
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.G.KARNAN, Advocate ( SR-9611[I] dated 05/09/2022 )
ORDER
IN CRL OP(MD) No.14894 of 2022 Date :01/09/2022 PKP/SVR/SAR-1/16.09.2022/3P/6C 3/3