R.Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.21185 of 2022

1. R.Ganesan

2. G.Rajasimmon

3. G.Santhana Mahaarajan @ Santhana Maharaja ... Petitioners/Accused No.1 to 3 Vs The State Rep.by The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

Crime No.512 of 2022.

... Respondent/Complainant For Petitioners :

M/s.Jeyamohan K, For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.512 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 506(ii) I.P.C, in Crime No.512 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the parties, on 26.11.2022 at about 11.10AM, there was trouble between the parties, over which, they assaulted each other and both parties sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that it is a case in counter and in the occurrence both parties sustained injuries and injured have been discharged from the hospital. Hence, prays to release them on anticipatory bail.

https://www.mhc.tn.gov.in/judis 1/2

4.The learned Additional Public Prosecutor appearing for the respondent would submit that based upon the complaint given by the petitioners, case in counter was registered in Cr.No.513 of 2022 against the defacto complainant party and in both the cases injured were discharged from the hospital. No previous cases are pending against the petitioners.

5.Considering the petty dispute between the parties, that in both the cases injured were discharged from the hospital, that the petitioners are not having any previous case at their credit, it is a case in counter, 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.1, Kovilpatti, 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/- 02/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-14306[I] dated 02/12/2022 ) ORDER IN CRL OP(MD) No.21185 of 2022 Date :02/12/2022 PNM MK/BUC/SAR IV/08.12.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2