Madras High CourtCRL OP(MD)/14358/2023granted

Suthakar v. The Insepctor Of Police

2023-08-07Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Suthakar 2.Siva ... Petitioners/Accused Nos.1 and 2 Vs State, represented by The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

Crime No.293 of 2023.

... Respondent/Complainant For Petitioners :

Mr.A.Banumathy, 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.293/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 506(i) I.P.C., in Crime No.293 of 2023 on the file of the respondent Police, seek 1/3

anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the driver of the PVR Transport and the petitioners are the driver and conductor of the NNL bus Transport. On 06.07.2023, there was a dispute between the driver and conductor of two private buses regarding overtaking each other, due to which, the defacto complainant was attacked by the petitioners. 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 there is no previous case pending against the petitioners.

5. Considering the nature of offence and no previous case is pending 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 No.I, Pudukkottai, 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 daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under 2/3

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/- 07/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3 THE INSEPCTOR OF POLICE, PUDUKKKOTTAI TOWN POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER IN CRL OP(MD) No.14358 of 2023 Date :07/08/2023 RS/BUC/SAR-1(11.08.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3