Boomi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon'ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21138 of 2021 1.Boomi 2.Meenakshi 3.MuthuJothika 4.Periyannan 5.Prakash 6.Gangadevi 7.Ramakrishnan 8.Karupaiah ... Petitioners/Accused Nos.1 to 8 Vs State rep.by The Inspector of Police, Silaiman Police Station, Madurai District.
(Crime No.528 of 2021).
... Respondent/Complainant For Petitioners: M/s.P.Venkata Subramanian, Advocate. For Respondent : M/s.K.Sanjai Gandhi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.528 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 8, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of I.P.C. in Crime No.528 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that a dispute arose between the parties, due to previous enmity. In this incident, the petitioners have assaulted and threatened the defacto complainant with filthy languange and 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.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured has been discharged from the hospital. A counter case has been filed by the petitioners herein against the defacto complainant. No previous case has been filed against the petitioners, except Accused No.4, who is having one previous case for the offence under Section 379 of IPC.
5. Considering the nature of offence, the overt act attributed against the petitioners, no previous case is pending against the petitioners and also the fact that except Section 506(ii) of I.P.C., other offences are bailable in nature, 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.II, Madurai, 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., for a period of 30 days and thereafter as and when required for further interrogation. 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/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21138 of 2021 Date :29/12/2021 SP/PN/SAR IV/03/01/2022/2P/5C