Sathish @ Satheesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Sathish @ Satheesh
2. Dharamaraj @ Tharmaraj ... Petitioners/Accused No 5&6 Vs The State Rep.by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
(Crime No.463 of 2021).
... Respondent/Complainant For Petitioners: M/s. Palmurugan.K, Advocate.
For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.463 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.5 and 6, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 324 and 506(ii) I.P.C. and Section 3(1) of TNPPDL Act, in Crime No.463 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused abused and attacked the defacto complainant and damaged his vehicle to the tune of Rs.15,000/- (Rupees Fifteen Thousand only). Hence, the complaint.
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3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. However, to show their bona fide, the petitioners have come forward to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Cr.No.463 of 2021 before the trial Court concerned.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that no one has sustained injury in this case.
5. Considering the nature of offence, the antecedents of the petitioners and their willingness to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Cr.No.463 of 2021 before the trial Court concerned, without prejudice to their rights and contentions before the trial Court.
7. On such deposit being made, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Kadaladi, Ramanathapuram 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 Cr.P.C. scrupulously.
8. 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/- 07/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. The Judicial Magistrate, Kadaladi, Ramanathapuram District.
2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.
3. The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.19353 of 2021 Date :07/12/2021 RD/JC/SAR-IV(13.12.2021) 3P 5C 3/3