Madras High CourtCRL OP(MD)/14500/2023granted

Sathishkumar v. The Inspector Police

2023-08-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sathishkumar, ... Petitioner/Accused 1 Vs The Inspector Police, Jambunathapuram Police Station, Trichy District, Crime No.157/2023.

... Respondent/Complainant For Petitioner : M/s.Arunraj.K, 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.157 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 427 and 506(i) of IPC, in Crime No.157 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 scolded and abused the defacto complainant in 1/3

filthy language and assaulted in dire consequences. 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 the petitioner along with other accused persons caused damages to the bore well as well as the PVC pipe, which is worth about Rs.25,000/-. It is a case in counter case.

5. Considering the nature of offence and the damages, this Court is inclined to grant anticipatory bail to the petitioner on payment of cost. 6.Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the crime No.157 of 2023, before the trial Court, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, 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, Thuraiyur, 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 on every Sunday at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated 2/3

under Section 438 Cr.P.C. scrupulously.

8. 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/- 09/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR POLICE, JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-12052[I] dated 09/08/2023 ) ORDER IN CRL OP(MD) No.14500 of 2023 Date :09/08/2023 SA/JGB/SAR. /07.09.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3