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Madras High CourtCRL OP(MD)/14055/2023granted

C.M.R.Suresh 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. C.M.R.Suresh,

2. Gopinath,

3. Selvamani,

4. Vijay,

5. Madhankumar, ... Petitioners/Accused 1 to 5 Vs The Inspector of Police, Courtallam Police Station, Tenkasi District.

(In Crime No.217 of 2023).

... Respondent/Complainant For Petitioner : M/s.RAMADURAI.R, Advocate.

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.217 of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused No.1 to 5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 352 and 506(i) of IPC, in Crime No.217 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant, who has given token for parking vehicles in Five Falls area in Courtallam, lodged a complaint stating that while he asked the petitioners to wait till the parking area is cleared, they criminally intimidated the defacto complainant by stating their influence 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.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a small issue between the parties.

5. Considering the nature of offence and the overt act attributed against the petitioners, 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, Senkottai, on condition that the petitioners shall execute a 2/4

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, SENKOTTAI.

2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, COURTALAM POLICE STATION, TENKASI DISTRICT.

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

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+1. CC to M/S.RAMADURAI.R Advocate SR.No.11625

ORDER

IN CRL OP(MD) No.14055 of 2023 Date :01/08/2023 SA/SA/SAR. /07.08.2023/4P/6C 4/4