Muthazhagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Muthazhagan 2.Manikandan ... Petitioners / Accused Nos. 1 and 2 Vs State rep by The Inspector of Police, Woraiyur Police Station, Trichy City.

(Cr.No.1276 of 2023.) ... Respondent / Complainant For Petitioners :

M/s.T.Leninkumar, Advocate.

For Respondent :

Mr.B.Nambiselvan Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1276 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 324, 506(ii) of IPC in Crime No.1276 of 1/4

2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 01.07.2023, when the defacto complainant was walking along the road, the petitioners were riding a two wheeler in a rash and negligent manner and dashed against the defacto complainant. The defacto complainant questioned the petitioners and hence the petitioners alleged to have abused him with filthy language, assaulted with hands and threatened him with dire consequences. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submit that trouble has arisen between the petitioners and the defacto complainant over a petty issue. A counter case in Crime No.1275 of 2023 was also registered against the defacto complainant.

5. Considering the facts and circumstances of this case and the fact that it is a case, case in counter for a simple issue, this Court is inclined to grant relief 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, 2/4

before the learned Judicial Magistrate No.IV, Tiruchirapalli 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 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 18/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Judicial Magistrate No.IV, Tiruchirappalli.

2.Do through the Chief Judicial Magistrate, Tiruchirappalli District.

3.The Inspector of Police, Woraiyur Police Station,Trichy City.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-12521[I] dated 21/08/2023 )

ORDER

IN CRL OP(MD) No.15057 of 2023 Date :18/08/2023 ED/VR/SAR- (08/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4