Manojkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Manojkumar 2.Karthi @ Karthigeyan 3.Bala @ Balaguru 4.Arunkumar ... Petitioners / Accused Nos.1,3 to 5 Vs State represented by The Inspector of Police, Sakkottai Police Station, Sivagangai District, in Crime No.241/2023.

... Respondent/Complainant For Petitioners : M/s.C.Senthil Murugan, Advocate.

For Respondent : Mr.S.Manikandan Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.241 of 2023 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 147, 148, 294(b), 341, 323, 324, 364 and 506(ii) of IPC, in Crime No.241 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 10.09.2023, at about 7.00 p.m., the defacto complainant along with his friends were talking with each other in Puduvayal Thaikkal street, one Manoj and others came and they picked up quarrel. On 16.09.2023 at about 9.15 p.m., again the accused caused trouble and caused assault. The defacto complainant sustained injury in this incident. Over which the present case came to be registered.

3. Learned counsel for the petitioners submitted that because of the previous occurrence, a counter complaint was also given by them stating that they were assaulted by the defacto complainant, over which no action was taken sofar.

4. Perusal of the CD file in Crime No.920 of 2023 also shows that it is a counter case. But no action has been taken against the petitioner's complaint.

5. Heard the learned Government Advocate (Crl.side).

6. Considering the facts and circumstances of this case, this Court is inclined to grant relief to the petitioners.

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7. 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, Karaikudi, 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 of Cr.P.C., scrupulously.

8. The petitioners 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/- 26/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE JUDICIAL MAGISTRATE,KARAIKUDI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.SENTHILMURUGAN, Advocate ( SR-14182[I] dated 26/09/2023 ) +1 CC to M/s.A.MURALIKUMAR, Advocate ( SR-14344[I] dated 27/09/2023 )

ORDER

IN CRL OP(MD) No.17128 of 2023 Date :26/09/2023 PKP/VRS/SAR- /10.10.2023/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4