J.Ragul v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. J.Ragul
2. R.Kabilan ... Petitioners / Accused No.3 & 4 Vs The State rep by The Inspector of Police, Nadukaveri Police Station, Thanjavur District.
(Crime No.148/2023.) ... Respondent / Complainant For Petitioners :
M/s.Dhilipan Pandian R L, Advocate.
For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.148 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A3 to A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 of I.P.C., in Crime No.148 of 2023 on the file of the respondent police, seek anticipatory bail.
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2. The case of the prosecution is that due to previous enmity between the parties, there was a wordy quarrel between them, in which, the petitioner and other accused assaulted the de-facto complainant and also caused injury. Hence, the case.
3. The earlier anticipatory bail petitions filed by the petitioners was dismissed by this Court on 30.06.2023 and 25.07.2023, since the injured was taking treatment. The petitioners again approached this Court by filing this petition seeking anticipatory bail, on the ground that injured has been discharged from the hospital and co-accused was was arrested and thereafter released on bail. The petitioner is also ready to file an undertaking that he will not commit any similar offence in future.
4. The learned Additional Public Prosecutor appearing for the respondent police submitted that over the simple issue, continuos trouble arose between the parties and the injured has been discharged from the hospital.
5. Considering the facts and the circumstances of this case and also of the fact that the co-accused was arrested and thereafter, released on bail, 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 arrest or their appearance, before the learned Judicial Magistrate Court, 2/4
Thiruvaiyaru, Thanjavur District, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each, with common 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 is made ready, failing which, the petition for anticipatory bail will stands dismissed.
8. The petitioners shall file an undertaking affidavit before the concerned Police Station stating that he will not indulge in any such offence in future. If there is any violation of affidavit or if any fresh case is registered against them, the bail granted by this Court shall stand cancelled automatically without any reference to the Court.
sd/- 23/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
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To 1.The Judicial Magistrate, Thiruvaiyaru, Thanjavur District.
2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, Nadukaveri Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14878 of 2023 Date :23/08/2023 ED/VRS/SAR- (07/09/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4