Muthukumaravel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Muthukumaravel,

2. Suresh @ Lakshmanan,

3. Venkatachalam,

4. Prabhu @ Sivaprabu, ... Petitioners/Accused Rank Not known Vs The State Rep. by , The Inspector of Police, Tenkasi Police Station, Tenkasi District.

Crime No.Not Known of 2021 ... Respondent/Complainant For Petitioners: Mr.N.Kumar, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Though this petition has been filed without crime number, when the matter is taken up, the learned Government Advocate (Crl. Side) submitted that during the pendency of this petition, on the basis of enquiry, a case in Crime No.594 of 2021 has been registered against 7 accused persons for the offences punishable under Sections 147, 294(b), 342, 323, 324, 427 & 506(ii) IPC on 07.12.2021. 2.The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under 1/3

Sections 147, 294(b), 342, 323, 324, 427 & 506(ii) IPC, in Crime No.594 of 2021 on the file of the respondent police, seek anticipatory bail.

3. The case of the prosecution is that due to previous enmity the accused persons assaulted the defacto complainant, thereby he sustained injuries. Hence, the complaint.

4. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

5. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case in counter case. Coaccused in this case have been granted anticipatory bail. The petitioners are having one previous case in Crime No.593 of 2021. The injured in this case has been discharged from the hospital.

6. Considering the nature of offence, the injured person has been discharged from the hospital and the co-accused have been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners.

7. 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, before the learned Judicial Magistrate, Tenkasi, 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/- 22/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, TENKASI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19877 of 2021 Date :22/12/2021 PKP/JC/SAR-2/05.01.2022/3P/5C 3/3