Madras High CourtCRL OP(MD)/16751/2023granted

N.Karthik v. The Inspector Of Police

2023-09-15Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16751 of 2023

1. N.Karthik

2. N.Anandhan

3. Maruthammal ... Petitioners/Accused 1 TO 3 Vs The State represented by The Inspector of Police, SIPCOT Police Station, Manamadurai, Sivagangai District.

(Crime No.114 of 2023).

... Respondent/Complainant For Petitioner : M/s.Muthuvel.P, 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.114 of 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, 324, 506(i) of IPC in Crime No.114 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity over the pathway dispute between the parties, on 07.09.2023, the petitioners abused the defacto complainant and his family members, made assault upon them and also criminally intimidated them. 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 there is a pathway dispute between the parties. The injured in this case has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioners and the injured person 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, Manamadurai, Sivagangai 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.

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/- 15/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE SIPCOT POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.P.MUTHUVEL, Advocate ( SR-13752[I] dated 15/09/2023 )

ORDER

IN CRL OP(MD) No.16751 of 2023 Date :15/09/2023 SS/JGB/22/09/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023