Prasanna Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Prasanna Kumar 2.Arunachaleswaran ... Petitioners / Accused Rank not known Vs The Inspector of Police, Karaikudi South Police Station, Karaikudi, Sivagangai District.
(Crime No.50 of 2023.) ... Respondent / Complainant For Petitioners :
M/s.M.Shakulhameed, Advocate.
For Respondent :
Mr.R.Suresh Kumar Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.50 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 147, 448, 341, 294(b), 323 and 506(i) of IPC in 1/4
Crime No.50 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is a practicing advocate in Chennai. On 22.03.2023, the defacto complainant went to visit the land belongs to his mother at Ariyakudi. At that time the accused persons along with 20 men, erected iron pillars in his land with JCB and Crane vehicles. After taking photographs of the same, they went to the police station to give a complaint regarding the issue. At that time, the accused persons intercepted them, abused them with filthy words, attacked them and criminally intimidated him. They also snatched his car key and mobile phone. The defacto complainant sustained injury in this incident. 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. Accused Nos.1 to 5 were granted anticipatory bail by this Court.
4. The learned Additional Public Prosecutor would submit that a trouble has arisen between the petitioners and the defacto complainant over a property dispute. No previous case has been registered against them.
5. Considering the facts and circumstances of this case and the fact that the coaccused have also granted anticipatory bail and the petitioners also standing in the 2/4
same footing, 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, before the learned Judicial Magistrate, Karaikudi, Sivagangai District, 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/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN To 1.The Judicial Magistrate, Karaikudi, Sivagangai District.
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2.Do through the Chief Judicial Magistrate, Sivagangai District.
3.The Inspector of Police, Karaikudi South Police Station, Karaikudi, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.SHAKUL HAMEED, Advocate ( SR-13159[I] dated 04/09/2023 )
ORDER
IN CRL OP(MD) No.15594 of 2023 Date :04/09/2023 ED/VR/SAR- (12/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4