Suriyanarayanan 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

1. Suriyanarayanan,

2. Mathusudhanan, ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Thiruvengadam Police Station, Tenkasi District, Crime No.148/2023.

... Respondent/Complainant For Petitioner : M/s.Maria Vinola.M,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.148/2023 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), 352 and 506(ii) of IPC in Crime No.148 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 28.08.2023, at about 9.30 p.m, the defacto complainant asked the petitioners as to why they have talked to his father harshly. At that time, the petitioners alleged to have scolded him in filthy language and threatened him. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4. Learned Additional Public Prosecutor would submit that trouble has arisen over collection of tax for temple. No previous case has been filed against the petitioners.

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 petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the 2/4

learned Judicial Magistrate, Sankarankovil, 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 petitioners 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 petitioners 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, SANKARANKOVIL.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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THE INSPECTOR OF POLICE THIRUVENGADAM POLICE STATION, TENKASI DISTRICT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.MARIA VINOLA, Advocate ( SR-13433[I] dated 11/09/2023 )

ORDER

IN CRL OP(MD) No.16312 of 2023 Date :11/09/2023 PKP/VRS/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