Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14991 of 2023 1.Kannan 2.Asu ... Petitioners/Accused Nos.1 and 2 Vs The State, represented by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
Crime No.231 of 2023.
... Respondent/Complainant For Petitioner : Mr.Solaisamy, 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.231/2023 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 alleged offence punishable under Sections 286, 337 of IPC and r/w Section 9 (B)(1) (a) of Indian Explosives Act, 1884 in Crime No.231 of 2023, seek anticipatory bail.
2.The case of the prosecution is that the petitioner is manufacturing the fire crackers without giving necessary precautionary measurements to the employees, to that effect, the occurrence is said to have taken place. Hence, the complaint. 3.The learned Counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution, but, a false case has been foisted as against him.
4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the injured has been discharged from the hospital and one previous case is pending against the petitioner, which is in similar nature.
5. Considering the facts and circumstance of this case and also considering that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the
learned Judicial Magistrate No.1, Sivakasi, on condition that the petitioners shall execute 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 daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners 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/- 17/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE NO.I SIVAKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.SOLAISAMY, Advocate ( SR-12361[I] dated 17/08/2023 )
ORDER
IN CRL OP(MD) No.14991 of 2023 Date :17/08/2023 SS/VR/29/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023