Sarathkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI
1. Sarathkumar
2. Praveen
3. Logesh @ Logeshwaran ... Petitioners/Accused No.1,2&4 Vs The State rep.by, The Inspector of Police, Thottiyam Police Station, Trichy District.
(Cr No.249/2022).
... Respondent/Complainant For Petitioner : M/s.Surliraja P, Advocate.
For Respondent : Mr.K. Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.249/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) IPC in Crime No.249 of 2022, seek anticipatory bail.
2.The case of the prosecution is that due to wordy quarrel the petitioners said to have attacked the defacto complainant and also abused him in filthy language. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.
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4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the injured was discharged from the hospital and the investigation of the case is almost completed.
5. Considering the facts and circumstances of the case and also considering the fact that the injured was discharged was discharged from the hospital and the investigation of the case is almost completed, this Court is inclined to grant anticipatory bail 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Thottiyam, Trichy District on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b] the petitioners shall report before the respondent police as and when required for interrogation.
[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitionersin accordance with law as if the conditions have been imposed and the petitionersreleased on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIYAM, TRICHY DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3.THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.SURLIRAJA, Advocate ( SR-10983[I] dated 06/10/2022 )
ORDER
IN CRL OP(MD) No.17773 of 2022 Date :06/10/2022 RK/SVR/SAR-1 (11/10/2022) 3P/6C 3/3