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Madras High CourtCRL OP(MD)/14294/2023granted

Pandiyan 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. Pandiyan,

2. Vennila,

3. Sumathi,

4. Priya,

5. Santhiya, ... Petitioners/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Melavalavu Police Station, Madurai District.

(Crime No.179 of 2023).

... Respondent/Complainant For Petitioner : M/s.Ramesh Kumar.S,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.179 of 2023 on the file of the Respondent Police. 1/4

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 Sections147, 294(b), 323 of IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, in Crime No.179 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that during the temple festival over receiving the first honour, the dispute arose between the parties. Due which there was quarrel. In which, both parties attacked each other. 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 both parties have suffered injuries and discharged from the hospital.

5. Considering the nature of offence, the injured in both cases have been discharged from the hospital, 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, Melur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two 2/4

common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police as and when required for interrogation. 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 THE JUDICIAL MAGISTRATE, MELUR.

DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

THE INSPECTOR OF POLICE MELAVALAVU POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.S.RAMESH KUMAR, Advocate ( SR-11866[I] dated 04/08/2023 )

ORDER

IN CRL OP(MD) No.14294 of 2023 Date :04/08/2023 PKP/BUC/SAR-1/17.08.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4