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Madras High CourtCRL OP(MD)/14949/2023granted

Karthikeyan v. The Sub Inspector Of Police

2023-08-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Karthikeyan ... Petitioner/Accused No.1 Vs The State, represented by The Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.228 of 2023). ... Respondent/Complainant For Petitioner : M/s.R.JENIFAR BIBIN, Advocate.

For Respondent : Mr.R.SURESH KUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.228 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 447, 294(b), 323 and 506(ii) of I.P.C, in Crime No.228 of 2023 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecuton is that there is a civil dispute between the petitioner and the defacto complainant. Due to which, on 25.07.2023, the petitioner and other accused persons alleged to have attacked the defacto complainant and thereby caused grievous injury to her. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any such offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the petitioner is not involved in any previous cases and injured is discharged from the hospital.

5. Considering the fact that the petitioner is not having any previous case and injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

6. 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 Judicial Magistrate, Alangulam, 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 2/4

orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 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, ALANGULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.

3 THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TENKASI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.JENIFAR BIBIN.R Advocate SR.No.12408 3/4

ORDER

IN CRL OP(MD) No.14949 of 2023 Date :17/08/2023 SA/VR/SAR. /21.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4