Madras High CourtCRL OP(MD)/15340/2023granted

Madhan v. The Inspector Of Police

2023-08-25Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Madhan

2. Kaviyarasan

3. Kousik

4. Arun ... Petitioners / Accused Nos.1 to 4 Vs State rep by The Inspector of Police, Orathanadu Police Station, Thanjavur District, (Crime No.741/2023.) ... Respondent / Complainant For Petitioners :

M/s.Bharathi.C, 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.741 of 2023 on the file of the respondent police 1/4

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC, in Crime No.741 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute enmity, on 18.08.2023 at about 09.00 p.m, the accused persons abused the defacto complainant in filthy language and also attacked him with hands and caused injuries to him. Hence, the complaint.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that for the very same occurrence, FIR in Crime No.750 of 2023 was registered against the defacto complainant and others.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that in both cases, injured has been discharged from the hospital. He further submitted that it is a case in counter case.

5. Considering the facts and the circumstances of this case and also of the fact that it is a case in counter and in both cases, injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, 2/4

with stringent conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Orathanadu, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each, with common sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stands dismissed. sd/- 25/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Judicial Magistrate, Orathanadu.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.15340 of 2023 Date :25/08/2023 ED/JGB/SAR- (08/09/2023) 4P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4