R.Karthikeyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16656 of 2023 1.R.Karthikeyan 2.R.Arumugam 3.R.Kanna ... Petitioners/Accused Nos.1 to 3 Vs The State, represented by The Inspector of Police, S.S.Colony Police Station, Madurai District.
Crime No.1323 of 2023.
... Respondent/Complainant For Petitioner : Mr.P.Balamurugan, 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.1323/2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506 (ii) I.P.C., in Crime No.1323 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 08.09.2023 at around 8.30 p.m., the defacto complainant was standing with his two wheeler near MGR Statue in Madakulam Village with his brothers, at that time, the first petitioner came in his two wheeler, abused the defacto complainant and others using filthy language, assaulted the defacto complainant and criminally intimidated them with dire consequences. 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 it is a case and counter case. The counter case has been registered in Crime No.1322 of 2023 against the defacto complainant's party and injured has been discharged from the hospital.
5. Considering the nature of offence, it is a case and counter case, the injured has been discharged from the hospital, 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 learned Judicial Magistrate No.V, Madurai, 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/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16656 of 2023 Date :14/09/2023 SS/JGB/22/09/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023