Manoharan v. The Inspector Of Police
CRL OP(MD). No.15504 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15504 of 2022
1. Manoharan
2. Vanaraj
3. Manoj Kumar ... Petitioners/Accused No.1, 4 & 7 Vs State Rep.by The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.
Crime No.111/2022.
... Respondent/Complainant For Petitioners : M/s.K.Jeyamohan, Advocate.
For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.111/2022 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 143, 294(b), 323 and 307 IPC, in Crime No.111 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant lodged a complaint stating there was a dispute between two groups with regard to the celebration of temple, in which one Pradeep was done to death, who was arrayed as accused in this crime number. The defacto complainant has also arrayed as accused in the counter case in Crime No.110 of 2022 because of assault.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that this is a case and counter case and that the defacto complainant in this crime number has already been granted regular bail in the counter case. 4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a dispute between two https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.15504 of 2022 groups with regard to the temple festivel and the first accused, who is the defacto complainant in this Crime number has been released on bail and the investigation of the case is pending. He would further submit that this case is concerned Section 307 IPC, so far as the counter case is concerned 302 IPC has been lodged and in the counter case the defacto complainant is arrayed as first accused and he was granted regular bail.
5.Considering the nature of offence, the overt act attributed against the petitioners and that the defacto complainant herein has also arrayed as accused in counter case and released on regular bail, this Court is inclined to grant anticipatory bail to the petitioners.
6.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, Sankarankovil, 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.
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/- 30/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TENKASI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/S.K.JEYAMOHAN, Advocate (SR-42213[F] dated 01.09.2022)
ORDER
IN CRL OP(MD) No.15504 of 2022 trp Date :30/08/2022 RS/VR/SAR.2 (09.09.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2