Raghuraman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14011 of 2023
1. Raghuraman,
2. Mathusuthanan ... Petitioners/Accused No.1 & 2 Vs The State represented by The Inspector of Police, Kabisthalam Police Station, Thanjavur District.
(Crime No.402/2023).
... Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran, 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.402/2023 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 (ii) of IPC in Crime No.402 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, on 23.07.2023 at about 16.30 hours, the petitioners attacked the defacto complainant and his family members with dire consequences and abused them in filthy language. 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. It is a case in counter case.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a land 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, there is a case in counter case 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, Papanasam, 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 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/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-11581[I] dated 01/08/2023 )
ORDER
IN CRL OP(MD) No.14011 of 2023 Date :01/08/2023 SS/MMS/07/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023