Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Manikandan 2.Baskar 3.Ramasamy ... Petitioner/Accused Nos.1 to 3 Vs The State, represented by The Inspector of Police, Manapparai Police Station, Tiruchirappalli District.

(Crime No.449 of 2023). ... Respondent/Complainant For Petitioner : Mr.V.S.Ariharasudhan, 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.449 of 2023 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 324, 506(ii) of I.P.C, in Crime No.449 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the defacto complainant and the 1st petitioner, on 26.08.2023 at about 6.10 p.m., near village Mariyamman Temple, the accused abused the defacto complainant using filthy language and attacked the defacto complainant and his uncle. Due to the above said attack, the defacto complainant and his uncle got simple injury and they were admitted in Government Hospital. Hence, the complaint.

3. The learned counsel for the petitioners would submit that regarding the civil dispute, a suit is pending before the Sub Court, Manapparai, and regarding the sme issue, the defacto complainant attacked the petitioners with sharp sickle and caused injury to them.

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4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that there is no previous case pending against the petitioners and injured have been discharged from the hospital.

5. Considering the fact that the petitioners are not involved in any other case and injured is discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Manapparai, Trichy 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.

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7. 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/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO

1. THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.V.S.ARIHARASUDHAN, Advocate ( SR-13334[I] dated 07/09/2023 )

ORDER

IN CRL OP(MD) No.16013 of 2023 Date :04/09/2023 RK/DD (11/09/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5