Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Bala Murugan,

2. Karthik @ Karthikai Pandi,

3. Palanivel,

4. Lingam @ Aathilingam,

5. Kamatchi,

6. Muthulakshmi,

7. Pitchayammal,

8. Ramanathan,

9. Palaniyammal, ... Petitioners/Accused Nos.1 to 9 Vs.

State Rep.by The Inspector of Police, Perungudi Police Station, Madurai District.

Crime No.115 of 2023.

... Respondent/Complainant For Petitioners :

M/s.Rajeswari.A.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.115 of 2023 on the file of the Respondent Police.

1/4

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 427, 506(ii) of IPC and section 4 of TNPHW Act, in Crime No.115 of 2023 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that on 22.07.2023, at about 12.00, the first accused misbehaved with the defacto complainant. Thereafter, the petitioners along with the other accused went to the defacto complainant's house, abused her in filthy language and also attacked her and her mother. Thereafter, the injured person were admitted in the hospital and after recording their statement, the present case has been registered against these petitioner.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that due to previous enmity, a false case has been given against the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that no previous is pending against the petitioners and the injured has been discharged from the hospital.

5. Considering the nature of offence and no previous case is pending against the petitioners and the injured has been discharged from the hospital, this Court is 2/4

inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petitions are 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 Court, Thirumangalum, 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 on every Saturday 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed.

8. The petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) jointly, to the credit of Cr.No.115 of 2023 on the file of Judicial Magistrate Court, Thirumangalum.

sd/- 09/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

3/4

TTA TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALUM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.A.S.RAJESWARI, Advocate ( SR-12085[I] dated 10/08/2023 )

ORDER

IN CRL OP(MD) No.14224 of 2023 Date :09/08/2023 RS/VRS/SAR-(08.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4