Gowtham v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gowtham ... Petitioner/Accused Rank Not Known Vs State represented by The Inspector of Police, K.K.Nagar Police Station, Trichy City, (In Crime No.879 of 2023) ... Respondent/Complainant For Petitioner : M/s.T.Lenin Kumar , Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.879 of 2023 on the file of the respondent police.
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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 147, 294(b), 353, 323, 506(i) of IPC in Crime No.879 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 06.07.2023 a Special Sub Inspector of Police lodged a complaint stating that on 05.07.20232 at about 11.25 p.m., when he was on routine patrol, five persons were standing in a road. As the defacto complainant questioned them, they abused him with filthy language, attacked him with hands and criminally intimidated him with dire consequences. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Therefore, seeks for the relief of anticipatory bail. 2/4
4. The learned Additional Public Prosecutor would submit that it is a simple issue between the accused persons and the defacto complainant. The petitioner herein is not having any previous case.
5. Taking into consideration the facts and circumstances of the case and considering the fact that no previous case has been pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is directed to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, 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 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.
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7. 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/- 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 NO.II, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3.THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.LENIN KUMAR.T Advocate SR.No.11337
ORDER
IN CRL OP(MD) No.13613 of 2023 Date :26/07/2023 RK /DD(01/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4