Ponsakthi 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 1.Ponsakthi 2.Kalyanasundaram 3.Ponsekar @ Aathimuthuramalingam ... Petitioners/Accused Nos.1 to 3 Vs State represented by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District, (In Crime No.455 of 2022) ... Respondent/Complainant For Petitioners :
M/s.V.Malaiyendran, Advcoate 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.455 of 2022 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 147, 148, 294(b), 323, 324, 506 (ii) of IPC in Crime No.455 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 11.11.2022 at 12.15 hrs, when the 1/3
defacto complainant was sitting near an ATM centre, the accused persons came there, attacked the defacto complainant with hands and stick, abused him in filthy language 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 Government Advocate (Crl.side) would submit that injured in this case has been discharged from the hospital. No previous case is pending against the petitioners 1 and 3. The second petitioner is having one previous case.
5. Taking into consideration the facts and circumstances of the case and also the fact that the injured persons have been discharged from the hospital and eventhough the learned Government Advocate has submitted that the second petitioner is having one previous case, since the same has been disposed of, 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 No.I, Sivagangai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 2/3
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 every Sunday 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/- 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 - I, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.MALAIYENDRAN, Advocate ( SR-11286[I] dated 26/07/2023 ) ORDER IN CRL OP(MD) No.13679 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