Nanthagopal @ Nanthapalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17146 of 2023 Nanthagopal @ Nanthapalan ... Petitioner / Accused No.6 Vs State represented by The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

Crime No. 108 of 2023.

... Respondent/Complainant For Petitioner :

M/s.R.Venkatesan, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.108/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 147, 148, 294(b), 323, 324, 307, 506(ii) of IPC, in Crime No.108 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that on 07.06.2023, due to previous motive, the petitioner along with other accused persons alleged to have abused the defacto complainant in filthy language, attacked him with deadly weapons and criminally threatened him. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. Learned Additional Public Prosecutor would submit that absconding charge sheet has been filed before the committal Court namely the learned Judicial Magistrate, Mudukulathur. Trouble has arisen over a simple issue. Investigation in this case has been completed and final report has been filed and committal process is underway.

5. Considering the facts and circumstances of this case and also the fact that trouble has arisen between the parties, over a simple issue, this Court is inclined to grant relief to the petitioner.

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6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Mudukulathur, on condition that the petitioner 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 petitioner shall appear before the committal Court daily at 10.30 a.m., till the committal process is over, until further orders. The petitioner shall comply with the condition stipulated under Section 438 of Cr.P.C., scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 22/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE MUDUKULATHUR POLICE STATION RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.R.VENKATESAN, Advocate ( SR-14015[I] dated 22/09/2023 )

ORDER

IN CRL OP(MD) No.17146 of 2023 Date :22/09/2023 pnn MK/05.10.2023 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4