Madras High CourtCRL OP(MD)/14598/2023partly allowed

Seeni Nayakkar v. The Sub Inspector Of Police

2023-08-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Seeni Nayakkar 2.Thangaraj 3.Anumandhu 4.Perumal 5.Sathishkumar 6.Pugal Muneeswaran 7.Ramesh 8.Selvaraj 9.Muthuramu ... Petitioners/Accused Nos.1 to 9 Vs The State represented by The Sub Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

Crime No.158 of 2023.

... Respondent / Complainant For Petitioner : Mr.M.JOTHI BASU, 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.158 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 427, 109 and 1/4

506(ii) of IPC, in Crime No.158 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that over receiving the first honour in a temple, trouble has arisen between the defacto complainant and the accused. In continuation of the said issue, on 02.08.2023 at about 8.30 p.m., the accused persons gathered unlawfully and caused assault to the defacto complainant and others with deadly weapons. In the incident, the defacto complainant sustained injuries.

3. The learned counsel for the petitioners would submit that it is a case, case in counter. The petitioners are innocents, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. They seek for the relief of anticipatory bail.

4. The learned Additional Public Prosecutor would submit that no counter complaint has been received and no enquiry is pending. The second petitioner / second accused is having two previous cases for the offences under Section 302 of IPC and against other accused persons, there is no previous cases.

5. The learned counsel for the petitioner sought leave of this Court to withdraw this petition in so far as the second petitioner / second accused is concerned.

6. Accordingly, this Criminal Original Petition is dismissed as withdrawn in so far as the second petitioner herein, is concerned. 2/4

7. Considering the facts and circumstances of this case and also the fact that there is no previous case pending against the remaining petitioners, this Court is inclined to grant relief to the petitioners 1, 3 to 9.

8. Accordingly, this Criminal Original Petition is allowed and the petitioners 1, 3 to 9 are ordered to be released on bail in the event of arrest or on his appearance, before the learned District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar District, on condition that the petitioners 1, 3 to 9 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 on further condition that the petitioners 1, 3 to 9 shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners 1, 3 to 9 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

9. The petitioners 1, 3 to 9 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/- 10/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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PNN TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, THIRUCHULI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-12134[I] dated 10/08/2023 ) ORDER IN CRL OP(MD) No.14598 of 2023 Date :10/08/2023 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