Maruthayee v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.14675 and 14676 of 2023 Maruthayee ... Petitioner / Accused No.1 in Crl.O.P(MD).No.14675 of 2023 Ganesan ... Petitioner/Accused in Crl.O.P(MD).No.14676 of 2023 Vs The State rep by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(Crime No.304 of 2023).
... Respondent / Complainant in both Crl.O.Ps For Petitioner :
M/s.Sundar.R, Advocate (In both Crl.O.Ps) For Respondent :
Mr.R.Suresh Kumar, (In both Crl.O.Ps) Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.304 of 2023 on the file of the Respondent Police.
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COMMON ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii), in Crime No.304 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to money dispute, the petitioners abused the defacto complainant in filthy language, assaulted him and also threatened him with dire consequences, hence the case 3.The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant.
4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that the defacto complainant suffered only simple injuries. He further submitted that it is case in counter case.
5. Considering the facts and the circumstances of this case, considering the nature of injury and also of the fact that it is a case in counter, has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of 2/4
arrest or their appearance, before the learned Judicial Magistrate No.II, Sivakasi, and on their executing 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 on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA To 1.The Judicial Magistrate No.II, Sivakasi.
2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputtur.
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3.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2 CC to M/s.R.SUNDAR, Advocate ( SR-12244 and 12245 [I] dated 14/08/2023 )
ORDER
IN CRL OP(MD). Nos.14675 and 14676 of 2023 Date :11/08/2023 ED/VRS/SAR- (17/08/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4