Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ganesan ... Petitioner/2nd Accused Vs The State rep.by, The Inspector of Police, Pallathur Police Station, Sivagangai District, Crime No.93/2023.

... Respondent/Complainant For Petitioner : M/s.Venkatesh.D, 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.93/2023 on the file of the respondent police 1/4

ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 324 and 506(i) of IPC, in 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 went for shopping after parked his car in the road side. At that time, a car came and dashed against the petitioner's car. When the same was questioned by the defacto complainant, the petitioner along with other accused persons alleged to have abused him in filthy language, attacked him using tube light and threatened him with dire consequences. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. Learned Government Advocate (Crl.side) would submit that no previous case has been registered against the petitioner and the first accused has been granted relief by this Court.

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5.Considering the facts and circumstances of this case and also the fact that the co-accused has been granted relief, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on their 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) each 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 petitioners shall comply with the condition stipulated under Section 438 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 08/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

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-13466[I] dated 11/09/2023 )

ORDER

IN CRL OP(MD) No.16284 of 2023 Date :08/09/2023 RK/GB (25/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4