Madhankumar @ Mathankumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Madhankumar @ Mathankumar,
2. Thangapandi, ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(Crime No.369/2023).
... Respondent/Complainant For Petitioner : S.M.ANANTHA MURUGAN, Advocate.
For Respondent : Mr.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.369/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, who apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 427, 506(ii) of IPC in Crime No.369 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant's sister and the 1/4
first petitioner are having love affair with each other. But, the defacto complainant's sister married some other boy. Thereafter, the first petitioner made phone calls to the defacto complainant's sister. When the same was questioned by the defacto complainant and his mother, the petitioners joined together and attacked them, caused damage to their vehicle. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner caused damages to the defacto complainant's vehicle. Investigation is still pending.
5. Considering the nature of offence and also considering the damages caused by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on deposit of amount.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the crime No.369 of 2023 before the concerned trial Court, without prejudice to their rights and contentions before the trial Court. 7.On such deposit being made, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate 2/4
No.II, Sivakasi, Virudhunagar 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 Cr.P.C. scrupulously.
8. The petitioners 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 will dismissed. sd/- 12/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.M.ANANTHA MURUGAN, Advocate ( SR-13605[I] dated 13/09/2023 )
ORDER
IN CRL OP(MD) No.16499 of 2023 Date :12/09/2023 SA/VRS/SAR. /20.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4