A.Umadevan 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 A.Umadevan ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Abiramam Police Station, Ramanathapuram District.
Crime No.140/2023.
... Respondent/Complainant For Petitioner :
M/s.N.A.Manimaran, 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.140/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 341, 307 of IPC and Section 4 of Women Harassment Act, in Crime No.140 of 2023 on the file 1/4
of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 17.07.2023 at about 09.30 a.m. due to previous enmity, the accused persons assaulted the defacto complainant, thereby, he sustained injury and admitted in the hospital. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
4. The learned Additional Public Prosecutor for the respondent police submitted that it is a issue between neighbours. It is a case in counter case. In both cases the parties have sustained injuries and discharged from the hospital.
5. Over a petty issue between the neighbours, trouble has arisen between the parties. Due to which, they have made assault upon each other. Over which both sides got injury, admitted in the hospital and discharged from the hospital. It is seen that it is a case in counter case. In view of the above said facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 2/4
only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
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/- 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, KAMUTHI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.NA.MANI MARAN, Advocate ( SR-11429[I] dated 28/07/2023 )
ORDER
IN CRL OP(MD) No.13699 of 2023 Date :27/07/2023 RS/VRS/SAR-(01.08.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4