Madras High CourtCRL OP(MD)/13522/2023granted

Santhi v. The Inspector Of Police

2023-07-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Santhi 2.Ganesan ... Petitioners/Accused Nos.1 and 3 Vs State represented by The Inspector of Police, Sakkottai Police Station, Sivagangai District.

(In Crime No.136 of 2023) ... Respondent/Complainant For Petitioners :

M/s.D.Venkatesh, 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.136 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(ii) of IPC in Crime No.136 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 11.06.2023 at about 9.00 p.m., due to family dispute, the petitioners abused the defacto complainant in filthy language, 1/3

assaulted him and criminally intimidated him. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioners are innocent. They have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. Therefore, seeks for the relief of anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the earlier application of the petitioners was dismissed on the ground that the injured persons was taking treatment in the hospital. Now, the injured has been discharged from the hospital. No previous antecedents against the petitioners herein.

5. Taking into consideration the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are directed to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Karaikudi, 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 2/3

Cr.P.C. scrupulously.

7. 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/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.VENKATESH, Advocate ( SR-11372[I] dated 27/07/2023 ) ORDER IN CRL OP(MD) No.13522 of 2023 Date :26/07/2023 RS/VRS/SAR-(01.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3