Madras High CourtCRL OP(MD)/16545/2023granted

K.Manikandan v. The Inspector Of Police

2023-09-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. K.Manikandan

2. S.Ajithkumar ... Petitioners/Accused (Rank not known) Vs The State represented by The Inspector of Police, Sanarpatti Police Station, Dindigul District.

(Crime No.298/2023)..

... Respondent/Complainant For Petitioner : Mr.S.Balaji, 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.298/2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent 1/4

police for the alleged offence punishable under Sections 147, 148, 294(b), 323 and 506 (ii) of IPC, in Crime No.298 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 03.09.2023 at 03.00 p.m., when the defacto complainant was looking after the road laying work at Silvarpatti, the accused persons came there by riding motor cycles and abused the defacto complainant with filthy language and threatening him that unless he pays money for taking such contract work, they would do anything to him. Further the first accused said to have slapped the defacto complainant. 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 injured in this case has been discharged from the hospital. There is no previous case pending against the petitioners.

5. Considering the nature of offence, the injured person has been discharged from the hospital and there is no previous case 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, 2/4

before the learned Judicial Magistrate No.III, Dindigul, 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.

TM TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE INSPECTOR OF POLICE SANARPATTI POLICE STATION, DINDIGUL DISTRICT. 3/4

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

ORDER

IN CRL OP(MD) No.16545 of 2023 Date :13/09/2023 SS/VRS/27/09/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4