Vanaraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14876 of 2023 Vanaraja ... Petitioner/Accused No.1 Vs The State, represented by The Inspector of Police, Saptur Police Station, Madurai District.
(Crime No.58 of 2023).
... Respondent/Complainant For Petitioner : Mr.A.Arputharaj, 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.58 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/first accused, who apprehend arrest at the hands of the
respondent Police for the offences punishable under Sections 147, 148, 448, 294(b), 427, 341, 323, 324 and 307 IPC in Crime No.58 of 2023 on the file of the respondent Police, seek anticipatory bail.
2.The case of the prosecution as per the de-facto complainant version is that due to the dispute in the family regarding property, the accused abused the defacto complainant in filthy language, assaulted him and also threatened with dire consequences. Hence, the complaint.
3. The earlier anticipatory bail application was dismissed on the ground that the petitioner is involved in previous cases.
4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that all the three cases, which are pending against the petitioner are under the Mines and Minerals (Development and Regulation) Act, and he is not involved in the cases under IPC. It is a case and counter case.
5. It is seen that there were cut injuries to the defacto complainant, which are grevious in nature. The counter complaint has been registered in Crime No.56 of 2023. Reading of the above said counter complaint, it has been stated that on the date of occurrence, there was quarrel between two groups of people and they entered into causing assualt upon each other.
6. Considering the fact that the petitioner is not involved in any IPC cases, it is a
case and counter case and injured in both the matters are discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, 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 District Munsif cum Judicial Magistrate, Madurai District, 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 daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated 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/- 16/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
indu TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE SAPTUR POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-12386[I] dated 17/08/2023 )
ORDER
IN CRL OP(MD) No.14876 of 2023 Date :16/08/2023 SS/VR/22/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023