Solai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16180 of 2023 Solai ... Petitioner/Accused No.1 Vs The State, represented by The Inspector of Police, Pallathur Police Station, Sivagangai District.
(Crime No.93 of 2023). ... Respondent/Complainant For Petitioner : Mr.d.Venkatesh, 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.93 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(i) of I.P.C, in 1/4
Crime No.93 of 2023 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that on 31.08.2023 at about 5.30 p.m., the defacto complainant after parking his car on road side, he was purchased some electrical items. At that time, the accused in a negligent manner came in a car and dashed behind the car of the defacto complainant. When the same was questioned by the defacto complainant, he was abused using filthy language, beaten by using tube light and he was thretened with dire consequences.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and no such occurrence happened as alleged in the complaint. In fact, the defacto complainant parked his car causing hindrance to the traffic and when the same was objected by the petitioner and others, wordy quarrel arose between them. Hence, a false complaint has been foisted against the petitioner and others.
4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the injured has been discharged from the hospital and no previous case is pending against the petitioner.
5. Considering the facts and circumstances of this case and also considering that the the injured has been discharged from the hospital and no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is 2/4
ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Karaikudi, on condition that the petitioner shall execute a 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioner 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/- 07/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
indu TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
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3 THE INSPECTOR OF POLICE PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.VENKATESH, Advocate ( SR-13360[I] dated 08/09/2023 )
ORDER
IN CRL OP(MD) No.16180 of 2023 Date :07/09/2023 SSA/VRS/13.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4