Ramamoorthi. V v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. V.Ramamoorthi
2. R.Kandasamy ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Peravurani Police Station, Peravurani, Thanjavur District.
(In Crime No.196 of 2023).
... Respondent/Complainant For Petitioners : M/s.ASAITHAMBI. A.C, 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.196 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused who apprehend arrest at the hands of the respondent 1/4
police for the offences punishable under sections 294(b), 354 and 355 of I.P.C in Crime No. 196 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the de-facto complainant is that due to property dispute, petitioners herein abused and assaulted the defacto complainant with woodenlog and also threatened him with dire consequences. Hence the case.
3. Heard both side and perused the materials available on record including the First Information Report.
4. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant.
5. The learned Additional Public Prosecutor appearing for the respondent police submitted that it is a case in counter case and no previous case is pending against the petitioners.
6. Considering the facts and the circumstance of this case and also the fact that it is a case in counter case and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Peravurani, and on 2/4
their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), 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 petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 8.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/- 17/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO 1 THE JUDICIAL MAGISTRATE, PERAVURANI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, PERAVURANI, THANJAVUR DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.ASAITHAMBI. A.C Advocate SR.No.10797
ORDER
IN CRL OP(MD) No.12985 of 2023 Date :17/07/2023 SA/VRS/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