Madras High CourtCRL OP(MD)/16771/2023granted

Arsath Ushen 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.16771 of 2023

1. Arsath Ushen,

2. Javshil Ali,

3. Ramjan Ali @ Mohammed Ramjan Ali,

4. Safiyulla @ Mohammed Safiyulla,

5. Ramjathkhan @ Mohammed Ramjathkhan,

6. Asif @ Mohammed Asif Hussan, ... Petitioners/Accused Nos.1 to 6 The State rep. by Vs The Inspector of Police, Thirupalakudi Police Station, Ramanathapuram District.

Crime No.148 of 2023.

... Respondent/Complainant For Petitioner : M/s.Manoj Kumar.S, 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.148 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the 1/4

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

2. The case of the prosecution is that due to previous enmity between the parties, the petitioners picked up quarrel with the defacto complainant and attacked 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 no previous case against the petitioner.

5. Considering the nature of offence and the limited overt act attributed 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 learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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. 2/4

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 / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Tm To

1. The Judicial Magistrate, Thriuvadanai, Ramanathapuram District.

2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Inspector of Police, Thirupalakudi Police Station, Ramanathapuram District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.16771 of 2023 Date :15/09/2023 SSA/DD/05.10.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4