Mariselvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Mariselvam
2. Muniyammal ... Petitioners/Accused Nos.1 & 2 Vs State Rep.by The Station House Officer, Chokkampatti Police Station, Tenkasi District.
Cr.No.149/2023.
... Respondent/Complainant For Petitioners :
Mr.P.Kannan, Advocate for M/s.Spicy Law Firm, Advocate.
For Respondent :
Mr.R.Sureshkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.149/2023 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), 354 and 506(ii) IPC, in 1/4
Crime No.149 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel, the petitioners herein have assaulted the defacto complainant and also abused him in filthy language. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) would submit that injured was discharged from the hospital and there is no previous case pending against the petitioners.
5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and that both the petitioners and the defacto complainant are neighbours, 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, Tenkasi, Tenkasi 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 2/4
concerned and the petitioners shall appear before the respondent police as and when required for 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 stand dismissed. sd/- 07/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TENKASI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, CHOKKAMPATTI POLICE STATION, TENKASI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.SPICY LAW FIRM, Advocate ( SR-16011[I] dated 07/11/2023 ) 3/4
ORDER
IN CRL OP(MD) No.19913 of 2023 Date :07/11/2023 RS/JGB/SAR-(16.11.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4