Rajan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Rajan,
2. Esravel, ... Petitioners/Accused No.2 & 3 Vs State Rep by The Sub Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.
(Crime No.476/2021).
... Respondent/Complainant For Petitioners: M/s. Rathnavel Pandian.J.C, Advocate.
For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 476 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.2 & 3, who apprehend arrest at the hands of the respondent police for the offence punishable under sections 342, 294(b), 323, 324 and 506(ii) of IPC and Section 4 of TNPHW Act, 2002, in Crime No.476 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to family dispute between the accused and the defacto complainant, the petitioners abused him with filthy language and attacked him and caused cut injuries to him. Hence, this complaint.
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3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the matter has been compromised between the parties and they are going to file joint compromise memo.
4.The learned Government Advocate (Crl.Side) would submit that the injured was treated as inpatient for a period of 10 days and thereafter, he was discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram, Tirunelveli District, and on further condition that the petitioners shall report 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.
sd/- 10/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
dss 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.
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TO
1. The Judicial Magistrate, Radhapuram, Tirunelveli District.
2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.
3. The Sub Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.19645 of 2021 Date : 10/12/2021 TR/JC/SAR-II(16.12.2021) 3P 5C 3/3