Madras High CourtCRL OP(MD)/14247/2023granted

C.Manikandan v. The Inspector Of Police

2023-08-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. C.Manikandan,

2. Andavar,

3. Muthukumar,

4. Thangeswaran, ... Petitioners/Accused 1 to 4 Vs The State rep.by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

In Crime No.255 of 2023.

... Respondent/Complainant For Petitioner : M/s.RAM KUMAR.M., 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.255 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 324, 506(ii) of 1/4

IPC, in Crime No.255 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 28.07.2023, at about 7.45 a.m., when the victim going to his school in Sivakasi to Thaiyilpatti Road, four unknown persons without any reason teased and scolded. At that time, one person attacked the victim with a wooden stick. So, he sustained injuries. 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 the accused Nos.1 to 3 are not having any previous cases. 4th accused is having one previous case. It is a case in counter case.

5. Considering the nature of offence and also considering the fact that it is a counter case, this Court is inclined to grant anticipatory bail to the petitioners with conditions.

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 No.I, Sivakasi, Virudhunagar District, 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 2/4

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/- 04/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE COURT NO.I,SIVAKASI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

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+1 CC to M/s.M.RAMKUMAR, Advocate ( SR-11861[I] dated 04/08/2023 ) ORDER IN CRL OP(MD) No.14247 of 2023 Date :04/08/2023 SA/SAR. /25.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4