Saravanan 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.Saravanan 2.Rajendran 3.Mayavan ... Petitioners/Accused Nos.1 to 3 Vs State represented by The Inspector of Police, Mayanur Police Station, Karur District, Crime No.283/2023.
... Respondent/Complainant For Petitioners :
M/s.V.Kannan, 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.283/2023 on the file of the respondent police. ORDER : The Court made the following order :- (*)The petitioners/ Accused apprehend arrest at the hands of the respondent police for the offences under Sections 294(b), 323 of IPC read with Section 4 of 1/4
TNPHW Act, in Crime No.283 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution on 27.08.2023 at about 6.00 pm., due to previous enmity between the first petitioner and the defacto complainant, who are neighbours, the petitioners alleged to have criminally threatened him with dire consequences and scolded in filthy language and assaulted the defacto complainant. Hence the complaint.
3.The learned counsel for the petitioners submitted that the petitioners are innocents, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.
4.Learned Government Advocate (Crl.side) would submit that trouble has arisen between the neighbours over a petty issue. He further submitted that the first petitioner is having one previous case and the second and third petitioners are not having any previous case.
5.Eventhough learned Government Advocate (Crl.side) has stated that the first petitioner is having one previous case, reading of the previous FIR shows that it is only over a petty issue. Considering the facts and circumstances of this case, this Court is inclined to grant relief to the petitioner. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are 2/4
ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Krishnarayapuram, Karur District, 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 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 (*)CORRECTED AS PER ORDER OF THIS HON'BLE COURT IN CRL OP(MD).16330/2023 DATED 09/10/2023 THE PETITIONERS ARE GIVEN A FURTHER PERIOD OF 15 DAYS TO EXECUTE THE SURETIES BEFORE THE CONCERNED COURT.
/ TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 27.09.2023 1 THE JUDICIAL MAGISTRATE, KRISHNARAYAPURAM, KARUR DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, MAYANUR POLICE STATION, KARUR. DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2 CC to M/s.V.KANNAN, Advocate ( SR-13556[I] dated 12/09/2023 & SR-14871[I] dated 09/10/2023)
ORDER
IN CRL OP(MD) No.16330 of 2023 Date :11/09/2023 RS/JGB/SAR-(27.09.2023) 4P 6C RS/DD/SAR-(16.10.2023) 4 P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4