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Madras High CourtCRL OP(MD)/17318/2023granted

Saravanan v. The Inspector Of Police

2023-09-26Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17318 of 2023 Saravanan ... Petitioner / Accused No.2 Vs State represented by The Inspector of Police, Koodakovil Police Station, Madurai District.

Crime No.132 of 2023.

... Respondent / Complainant For Petitioner : M/s.S.Prabhu, Advocate For Respondent : Mr.S.Manikandan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.132 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 324 and 506 1/4

(ii) of IPC, in Crime No.132 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 10.09.2023, a wordy quarrel arose between the defacto complainant and the accused persons. In that incident, the petitioner along with other accused persons attacked the defacto complainant with stones, abused him with filthy language and criminally intimidated him. Hence the complaint.

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

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that trouble has arisen between the parties over a petty issue.

5. Considering the facts and circumstances of this case and also the fact that trouble has arose over a simple dispute, this Court is inclined to grant anticipatory bail 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 his appearance, before the learned Judicial Magistrate, Thirumangalam, Madurai Distirct, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 26/09/2023 / 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, Thirumangalam, Madurai Distirct.

2. Do through the Chief Judicial Magistrate, Madurai Distirct.

3.The Inspector of Police, Koodakovil Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.PRABHU, Advocate ( SR-14185[I] dated 26/09/2023 )

ORDER

IN CRL OP(MD) No.17318 of 2023 Date :26/09/2023 SSA/VRS/12.10.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4