Sakthivel v. The Inspector Of Police

CRL OP(MD). No.15623 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.15623 of 2022

1. Sakthivel

2. Rajkumar ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Inspector of Police, Natham Police Station, Dindigul District.

Crime No.283 of 2022. ... Respondent/Complainant For Petitioners : Mr.JAMEEL ARASU.B., Advocate. For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.283 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners are facing charges under Sections 294(b), 323, 324 and 506(2) IPC in Crime No.283 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that due to the previous enmity, on 18.08.2022 at about 09.55 am., when the defacto complainant was in his house along with his brother, the accused persons came there, picked up quarrel, abused them in filthy language, criminally intimidated them and also caused assault to them. Thereafter, they went away from that place. Over the aforesaid occurrence, now the case has been registered.

3.The learned counsel for the petitioners would submit that on the previous occasion, the son of the 1st petitioner was assaulted by the defacto complainant herein, over which a case was also registered and when that was questioned, the present occurrence said to have taken place.

4.The learned Government Advocate (Crl.side) for the respondent would submit that the injured has been discharged from the hospital and no previous bad antecedent is reported against the petitioners. He would further submit that over the aforesaid assault, there was no complaint and the matter has been compromised between the parties. After the compromise reached between the parties, the present occurrence said to have taken place.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15623 of 2022 5.In the facts and circumstances of the case, 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 Judicial Magistrate Court, Natham, Dindigul District, 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 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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 shall stand dismissed.

sd/- 30/08/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NATHAM, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.15623 of 2022 Date :30/08/2022 MM SA/VR/SAR.1/08.09.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2