Viswa @ Viswaravi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Viswa @ Viswa Ravi
2. Ramprasadh ... Petitioners/Accused 1 & 3 Vs The Inspector of Police, Golden Rock Police Station, Trichy City, Crime No.423/2023.
... Respondent/Complainant For Petitioners : M/S.KARTHIKEYAN.C, Advocate For Respondent : MR.R.SURESH KUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.423 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 police for the alleged offence punishable under Sections 147, 148, 452, 427, 294(b), 323, 324, 506(ii) I.P.C, in Crime No.423 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that one Saravanan had teased one Karthika. On that motive, on 08.06.2023 at about 10.00p.m., the accused persons trespassed into the house of the defacto complainant, abused and assaulted him and 1/4
one Sudhakaran with beer bottle. They also criminally intimidated them with dire consequences, also caused damages to the two wheeler. Due to intervention of witnesses, the accused persons fled away from the occurrence spot. Hence the complaint.
3. The learned counsel for the petitioners submitted that petitioners are innocent and not committed any offence as alleged by prosecution. Due to previous motive, a false case has been registered against them. The injured has been discharged from the hospital. Out of 16 accused, nine co-accused have already been released on bail. Hence, prays to release them on anticipatory bail. 4.The learned Government Advocate (Crl.Side) submitted that due to previous motive, the accused persons had abused, assaulted the defacto complainant and his friend and also caused damages. In this case, though the petitioners are not having any previous case at their credit and the injured has been discharged, the investigation is not yet completed. Hence, prays to dismiss the petition. 5.Considering the above facts and nature of dispute between the parties and the fact that out of 16 accused, nine accused were already enlarged on regular bail and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed on condition 2/4
that the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Cr.No.423 of 2023 before the trial Court concerned, without prejudice to 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 No.V, Trichy, 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/- 21/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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PNM TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, GOLDEN ROCK POLICE STATION, TRICHY CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13306 of 2023 Date :21/07/2023 SA/MMS/SAR. /31.07.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4