Madras High CourtCRL OP(MD)/14048/2023granted

Thirumurugan @ Thinesh v. The Inspector Of Police

2023-08-08Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Thirumurugan @ Thinesh ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Thirumayam Station, Pudukottai District.

(Crime No.160 of 2023) ... Respondent/Complainant For Petitioner :

M/s. Saravana Prabhu.S, 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.160 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506 (ii) of I.P.C, in Crime No.160 of 2023, on the file of the respondent police, seeks 1/3

anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the accused persons waylaid the defacto complainant, attacked and abused him in filthy language. 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. It is a case in counter case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no previous case pending against the petitioner. The injured in this case has been discharged from the hospital. It is a case in counter case, which was registered in Crime No.161 of 2023.

5. Considering the nature of offence, it is a case in counter case, the injured person has been discharged from the hospital and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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, Thirumayam, on condition that the petitioner 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 petitioner shall appear before the respondent police daily at 10.30 a.m. until 2/3

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/- 08/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-11976[I] dated 08/08/2023 ) ORDER IN CRL OP(MD) No.14048 of 2023 Date :08/08/2023 RS/VRS/SAR-1(16.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3