Solai@Solairajan v. The Sub 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
1. Solai @ Solairajan,
2. Rajendran @ Kakkurtamilenthi ... Petitioners/Accused No.3 & 4 Vs State Rep.by The Sub Inspector of Police, Thirumayam Police Station, Pudukkottai District.
(Crime No.162 of 2023).
... Respondent/Complainant For Petitioners :
M/s.N.Jeyaram Sidharth, 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.162 of 2023 on the file of the Respondent Police.
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, 327, 506(ii) of IPC and Section 4 1/4
TNPWH Act, in Crime No.162 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to political dispute, the petitioners along with the other accused attacked the defacto complainant and also damaged his vehicle. Hence, the complaint.
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 would further submit that in respect of the very same occurrence, FIR in Crime No.163 of 2023 has been registered against the defacto complainant and others and also submitted that the learned Principal and District Sessions Judge, Pudukkottai had granted anticipatory bail to the Accused Nos. 1 and 2 in Cr.M.P.No.2502 of 2023 dated 01.08.2023.
4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been treated as out patient. He further submitted that it is a case in counter case and also submitted that the petitioners damaged the defacto complainant's vehicle, its worth about Rs.25,000/-(Rupees Twenty Five Thousand only).
5. Considering the facts and the circumstances of this case and also of the fact 2/4
that it is a case in counter and the injured person has been treated as out patient, this Court is inclined to grant bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate Court, Thirumayam, 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 and the petitioners shall deposit a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) jointly, to the credit of Cr.No.162 of 2023 before the trial Court. 7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA 3/4
TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14707 of 2023 Date :11/08/2023 RS/VR/SAR-(29.08.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4