Nambi Kasthuri v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Nambi Kasthuri,
2. Lakshmi, ... Petitioners/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, Puthanatham Police Station, Trichy District.
(Crime No.133/2023).
... Respondent/Complainant For Petitioners :
MR.A.N.Ramanathan, 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.133/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 & 506 1/3
(ii) of IPC in Crime No.133 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to the pathway issue, on 17.07.2023 at about 09.00 p.m., the petitioners have picked up quarrel with the defacto complainant with abusive words, attacked her with iron rod, stick and also threatened with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a pathway dispute between the parties. The injured sustained simple injuries and discharged from the hospital. There is a case in counter case has been registered.
5. Considering the nature of offence, the overt act attributed against the petitioners and the injured person 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 and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Manapparai, Trichy 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 as and when required for interrogation. 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/- 27/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, PUTHANATHAM POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-11342[I] dated 27/07/2023 )
ORDER
IN CRL OP(MD) No.13702 of 2023 Date :27/07/2023 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