Gurusenthil @ Senthil Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gurusenthil @ Senthil Kumar,
...Petitioner/Accused No.1
Vs State Rep.by The Inspector of Police, Samayapuram Police Station, Trichy District.
Crime No. 253/2023.
... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu,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. 253 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 341, 294(b), 324 & 1/4
506(ii) of IPC r/w Section 3 of TNPPDL Act, in Crime No.253 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 12.08.2023 at about 3.30 p.m., due to previous motive, there was clash between the two rowdy groups, in which, both parties attacked each others and both parties sustained injuries. The accused persons armed with wooden logs and aruval, waylaid the school bus and caused damages to the front glass of the bus worth about Rs.20,000/-. The defacto complainant, who is the driver of the bus sustained injuries in his right hand. The accused persons abused them in filthy language and threatened them with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. There is a case and counter case.
4. The learned Additional Public Prosecutor for the respondent police submitted that injured in this case been discharged from the hospital. The accused persons caused damages to the school bus. Hence, he opposed the grant of anticipatory bail to the petitioner.
5. Considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner on condition of payment. 2/4
6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Cr.No.253 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.
7. On such deposit being made, petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.III, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioner 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/- 20/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TM TO THE JUDICIAL MAGISTRATE NO.III, TRICHY DISTRICT. DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16913 of 2023 Date :20/09/2023 PKP/VRS/SAR- /16.10.2023/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4