Madras High CourtCRL OP(MD)/14030/2023partly allowed

Vicky @Vignesh v. The Inspector Of Police

2023-08-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Vicky @ vignesh,

2. Suriya,

3. Jeyaraman,

4. Anaikutti @ Anand,

5. Thavudan,

6. Gowtham, ... Petitioners/Accused Nos. 4 to 9 Vs State Rep.by The Inspector of Police, Perungudi Police Station, Madurai District.

Crime No.103/2023.

... Respondent/Complainant For Petitioners : M/s.Muniyandi.S,Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor 1/4

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.103 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 342 and 307 of IPC, in Crime No.103 of 2023, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioners abused the defacto complainant's son in filthy language and also attacked him with Aruval and caused serious injuries to him. Therefore, the present case came to be registered.

3. The learned counsel for the petitioners submitted that this is the second application for anticipatory bail. The earlier anticipatory bail Petition filed by the petitioners in Crl.OP(MD)No.12611 of 2023 was dismissed on 01.07.2023 on the ground that the injured is still in hospital. Now, this petition has been filed mainly on the ground that the injured has been discharged from the hospital. 2/4

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the except the fifth petitioner, other petitioners are having several previous cases. He further submitted that the injured has been discharged from the hospital.

5. In view of the antecedents of the petitioners 1 to 4 and 6, this Court is not inclined to grant anticipatory bail to the petitioners 1 to 4 and 6. Accordingly, this petition is dismissed insofar as the petitioners 1 to 4 and 6 are concerned.

6. Considering the facts and the circumstance of this case and also the fact that the fifth petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the fifth petitioner.

7. Accordingly, the fifth petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Thirumangalam, and on his executing 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 fifth petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The fifth petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 3/4

8. The fifth petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14030 of 2023 Date :01/08/2023 PKP/DD/SAR- /11.08.2023/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4