Vijaya Sarathi @ Sarathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Vijaya Sarathi @ Sarathi,

2. Parthiban, ... Petitioners/Accused Nos.1 & 2 Vs The State Rep.by The Inspector of Police, S.S.Colony Police Station, Madurai City, (Crime No.1307 of 2023).

... Respondent/Complainant For Petitioner :

M/s.Chandrasekar.P, 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.1307 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the 1/4

respondent police for the alleged offence punishable under Sections 323 and 506(ii) of IPC in Crime No.1307 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute, the petitioners pushed down the defacto complainant's father and he sustained injuries. They also threatened them with knife. Hence, the case.

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 land dispute between the parties. The injured person has been discharged from the hospital. The petitioners are having no previous cases against them.

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

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/- 19/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI CITY, 3/4

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

ORDER

IN CRL OP(MD) No.16896 of 2023 Date :19/09/2023 TM PKP/JGB/SAR- /26.09.2023/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4