Nagaraj@Nagarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Nagaraj@nagarajan ... Petitioner/Accused NO.3 Vs The State rep.by, The Inspector of Police, Kattuputhur Police Station , Trichy District, Crime No.118/2023.
... Respondent/Complainant For Petitioner : M/s.Kannan.V, 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.118 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent 1/4
police for the alleged offence punishable under Sections 294(b), 323 and 506(i) of IPC, in Crime No.118 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous motive, the petitioner along with other accused persons came to the defacto complainant's house and attacked his son with stones and caused him grievous injuries. They also threatened them verbally. 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.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no previous case against the petitioner. The injured in this case has been discharged from the hospital.
5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital and there is no previous antecedents against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
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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, Thottiyam, Trichy District, 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 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/- 03/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, THOTTIYAM, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION , TRICHY DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.KANNAN, Advocate ( SR-11734[I] dated 03/08/2023 )
ORDER
IN CRL OP(MD) No.14183 of 2023 Date :03/08/2023 RK/VRS (17/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4