Balan @ Balakrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Balan @ Balakrishnan 2.Yadavan 3.Lenin 4.Srikanth 5.Manoj @ Bharathi 6.Surenthar @ Surentharan 7.Sathiskumar @ Urutti Sathis ... Petitioners/Accused Nos.1, 2, 4 to 8 Vs State, represented by The Inspector of Police, Mayanoor Police Station, Karur District.
Crime No.213 of 2023.
... Respondent/Complainant For Petitioner : Mr.Vinothkumar.B, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.213 of 2023 on the file of the Respondent police.
ORDER : The Court made the following order :- 1/4
The petitioners/Accused Nos.1, 2, 4 to 8, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294 (b), 323, 324, 506(ii) I.P.C., in Crime No.213 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous motive between the petitioners and the defacto complainant, the petitioners abused in filthy language, attacked the defacto complainant and also threatened them with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and counter case. The counter complaint has been registered in Crime No.214 of 2023 for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC. In both the cases, injured have been discharged from the hospital. The third accused was arrested and still in custody.
5. The learned counsel for the petitioner would further submit that the third accused was enlarged on bail in Cr.M.P.No.1308 of 2023, dated 18.07.2023 by the learned Judicial Magistrate, Krishnarayapuram, Karur District.
6. Considering the nature of offence, it is a case and counter case, the injured 2/4
persons in both the cases have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
7. 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, Krishnarayapuram, Karur District, 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.
8. 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/- 19/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU 3/4
TO 1 THE JUDICIAL MAGISTRATE, KRISHNARAYAPURAM, KARUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3 THE INSPECTOR OF POLICE, MAYANOOR POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.VINOTH KUMAR, Advocate ( SR-10956[I] dated 20/07/2023 )
ORDER
IN CRL OP(MD) No.13158 of 2023 Date :19/07/2023 RS/DD/26.07.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4