Manikandan 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 1.Manikandan 2.Santhosh 3.Prasath (Name was mentioned as Prasanth in the FIR) ... Petitioners/Accused Nos.2 to 4 Vs The State, represented by The Inspector of Police, Ramanathapuram Bazaar Police Station, Ramanathapuram District.

Crime No.253 of 2023.

... Respondent/Complainant For Petitioner : Mr.Venkatesan.R,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.253/2023 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioners/Accused Nos.2 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 506(ii) I.P.C., and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.253 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on the eve of temple festival, on 31.08.2023, the petitioners attacked the defacto complainant, abused her using filthy language and also threatened her 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. Further, the first accused has been released on bail by the Additional Mahila Court, Ramanathapuram.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that on the eve of temple festival, trouble arose between the two groups of people, over which the present occurrence said to have taken place. Further, no previous case is pending against the petitioners and the injured has been discharged from the hospital. The first accused is arrested and released on bail by the concerned Court.

5. Considering the nature of offence and also considering that it is a case and counter case, the injured person has been discharged from the hospital and the co2/4

accused has been released on bail, 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 Additional Mahila Court, Ramanathapuram, 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/- 20/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO THE ADDITIONAL MAHILA JUDGE, RAMANATHAPURAM.

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2 THE INSPECTOR OF POLICE RAMANATHAPURAM BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.R.VENKATESAN, Advocate ( SR-13907[I] dated 20/09/2023 )

ORDER

IN CRL OP(MD) No.16964 of 2023 Date :20/09/2023 PKP/DD/SAR- /05.10.2023/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4