Balan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13913 of 2023 1.Balan 2.Karpagaganesh @ Ganesh ... Petitioner / Accused No.1 and 2 Vs State Represented through The Inspector of Police, Dindigul Town South Police Station, Dindigul District.

Crime No.160 of 2023.

... Respondent/Complainant For Petitioners : M/s.S.Ragaventhre For Respondent : Mr.S.Manikandan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.160 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(ii) of IPC, in Crime No.160 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a money dispute between the

defacto complainant and the petitioners. On 16.07.2023 at about 11.30 a.m., when the petitioners and the defacto complainant were met in the road, the defacto complainant demanded the money that was given five years back to the petitioners. At that time, a trouble arose between them. The petitioners have abused the defacto complainant, stabbed the right hand knee of the defacto complainant with knife and threatened him 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 and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) would submit that this issue is related to a money transaction between the parties. No previous case has been registered against the petitioners.

5. Considering the facts and circumstances of this case and also the fact that the petitioners are not having any previous cases, 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 No.III, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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/- 31/07/2023 / 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.III, Dindigul.

2. Do through the Chief Judicial Magistrate, Dindigul. 3.The Inspector of Police, Dindigul Town South Police Station, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.RAGAVENTHREE, Advocate ( SR-11607[I] dated 01/08/2023 )

ORDER

IN CRL OP(MD) No.13913 of 2023 Date : 31.07.2023 AMS/BUC/10.08.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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