Paraman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Paraman 2.Stalin 3.Ramachandran 4.Jeeva ... Petitioner/Accused No.1 to 4 Vs State, represented by The Inspector of Police, Uthamapalayam Police Station, Theni District.

Crime No.238 of 2023.

... Respondent/Complainant For Petitioners : Mr.Kavin Kumar, 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.238/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- 1/4

The petitioners/Accused No.1 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) I.P.C., and Section 4 of TNPWH Act, in Crime No.238 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive of the civil dispute existed in the land between them, on 12.07.2023 all the accused persons had abused the defacto complainant with filthy language and attacked him and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they did not commit the alleged offence. Due to personal motive regarding the land dispute, the defacto complainant has given the false complaint.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is only simple injury, the injured has been discharged from the hospital and no previous case is pending against the petitioners.

5. Considering the nature of offence, the injured has been discharged from the hospital and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

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, Uthamapalayam, 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.

7. 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 stands dismissed. sd/- 13/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-13595[I] dated 13/09/2023 )

ORDER

IN CRL OP(MD) No.16519 of 2023 Date :13/09/2023 RS/DD/SAR-(21.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4