Jeyaraj 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 1.Jeyaraj 2.Anburaj 3.Kaleeswaran 4.Sathiyaraj ... Petitioners / Accused Nos.1 to 4 Vs State represented by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
(In Crime No.189 of 2023) ... Respondent/Complainant For Petitioners : M/s.A.ANANDA RAJ, Advocate For Respondent : Mr.S.MANIKANDAN, Advocate Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.189 of 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 1/4
police for the alleged offence punishable under Sections 294(b), 323, 427 and 506(i) of IPC, in Crime No.189 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are relatives. Due to previous enmity that happened on 29.08.2022, again the trouble has arisen between them. The petitioners have attacked the defacto complainant and damaged his house properties. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. Hence, seek for the relief of anticipatory bail.
4. The learned Government Advocate (Crl.side) would submit that the injured in this case, has been discharged from the hospital.
5. It is a issue between the relatives out of previous enmity. It is a case and counter case. The respondent also present before this Court and stated that only small damage has been caused to the roof of the defaco complainant's house.
6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.189 of 2023 before the trial Court concerned, without prejudice to 2/4
their rights and contentions before the trial Court.
7. On such deposit being made, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, 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 respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. 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, KAMUTHI, RAMANTHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANTHAPURAM DISTRICT.
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3 THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.A.ANANDA RAJ, Advocate SR.No.10957
ORDER
IN CRL OP(MD) No.13022 of 2023 Date :18/07/2023 SA/SAR. /27.07.2023/4P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4