Anandh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Anandh, ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Othakadai Police Station, Madurai District.
Crime No. 322/2023.
... Respondent/Complainant For Petitioner : S.Ramsundarvijayraj, 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. 322 of 2023 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent 1/4
police for the offences under Sections 109, 294(b), 323, 506(ii) of IPC in Crime No.322 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that during the Gram Sabha Panchayat meeting, trouble arose between the defacto complainant and the first accused. Because of the enmity, on 28.08.2023, the second accused assaulted the defacto complainant and again on 29.08.2023, the other accused persons, abused the defacto complainant in filthy language, attacked him. 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 Additional Public Prosecutor would submit that trouble has arisen over a election dispute. No previous case has been filed against the petitioner.
5. Considering the facts and circumstances of this case and also the fact that no previous case has been registered against the petitioner, so far, 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 his appearance, before the learned Judicial Magistrate, Melur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 2/4
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 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/- 11/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO THE JUDICIAL MAGISTRATE, MELUR.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate (SR-13475[I] dated 11/09/2023 )
ORDER
IN CRL OP(MD) No.16310 of 2023 Date :11/09/2023 PKP/DD/SAR- /25.09.2023/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4