Madras High CourtCRL OP(MD)/17080/2023granted

Ponnusamy v. The Inspector Of Police

2023-09-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Ponnusamy,

2. Raman,

3. Vignesh,

4. Ajith @ Ajith Kumar ... Petitioners/Accused No.1 to 4 Vs State Rep.by The Inspector of Police, Manapparai Police Station, Trichy District.

Crime No.472 of 2023.

... Respondent/Complainant For Petitioner :

M/s.Pitchai Muthu M, 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.472 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 4, apprehending arrest at the hands of the 1/4

respondent police for the alleged offence punishable under Sections 294(b), 323, 324 & 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.472 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 11.09.2023, due to previous enmity all the accused persons made quarrel with the defacto complainant and his family members, thereby, they sustained injuries. They also abused them in filthy language and threatened 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. He prays anticipatory bail.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no previous case pending against the petitioners. There is a property dispute between the parties. The injured person in this case has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioners and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are 2/4

ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Manapparai, Trichy District, 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/- 22/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.17080 of 2023 Date :22/09/2023 RS/MGA/SAR-(06.10.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4