Ashokkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL 1.Ashokkumar 2.Selva @ Selvakani 3.Manojkumar @ Manithaneyam 4.Thangaraj 5.Mohan ... Petitioners/Accused Nos.1 to 5 Vs State Represented by, The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(Crime No.283 of 2023) ... Respondent/Complainant For Petitioners :
Mr.S.Veerapandiselvaraj, Advocate.
For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.283 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/3
The petitioners/Accused Nos.1 to 5 who apprehends arrest at the hands of the respondent police for the offences punishable under Section 387 of IPC in Crime No.283 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that when the defacto complainant asked the petitioners to remove the political pictures in the defacto complainant's property, the petitioners threatened the defacto complainant by demanding a sum of Rs.3,00,000/- and they forcibly taken the amount. Hence, the complaint
3. The learned counsel for the petitioners would contend that the petitioners are innocent and a false case has been foisted against them. He would further submit that they are not present at the place of occurrence. Hence, they seek anticipatory bail.
4. The learned Additional Public Prosecutor would submit that when the defacto complainant asked the petitioners to remove the political pictures in the defacto complainant's property, the petitioners threatened the defacto complainant by demanding a sum of Rs.3,00,000/- and they forcibly taken the amount. The offence is grave in nature. The investigation is at initial stage. He strongly opposed to grant anticipatory bail to the petitioners.
5. Heard both side and perused the materials available on record.
6. Considering the rival submissions on either side and considering the fact that the investigation is at initial stage and also considering the gravity of the offence, this 2/3
Court is declined to grant anticipatory bail to the petitioners at this stage. Hence, this petition is dismissed.
sd/- 31/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MRN TO 1 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15865 of 2023 Date :31/08/2023 RS/VR/SAR-(08.09.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3