Palani 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. Palani

2. Vijayakumar

3. Jeeva @ Siva

4. Vinoth

5. Mathan @ Madhan

6. Suman

7. Pandi

8. Nivetha @ Manjula ... Petitioners/Accused 1-4,6-8&11 Vs The State rep.by, The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

Crime No. 238 of 2023.

... Respondent/Complainant 1/5

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

For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 238 of 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 147, 148, 324, 427, 506(ii) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.238 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners herein have assaulted the defacto complainant and also threatened him 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. 2/5

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that injured sustained simple injuries and discharged from the hospital. There is a case in counter case has been registered.

5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and the injury is simple in nature, 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, Thiruvadanai, on condition that (*) the petitioners shall execute a bond for a sum of Rs10,000/- (Rupees Ten Thousand Only) common surety for a like sum to the satisfaction of the learned Magistrate concerned' and on further condition that 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 3/5

petition for anticipatory bail stands dismissed. sd/- 07/11/2023 (*) MODIFIED as per order of this Court dated 06/02/2024 in CRL MP(MD)No.1269 & 1270/2024 in CRL OP(MD)No.19951/2023 BY MDIJ The time for surrender and execution of sureties is extended by two weeks from the date of receipt of a copy of this order.

/ TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO TO BE SUBSTITUTED WITH THE ORDER DATED 07/11/2023 ALREADY DESPATCHED.

1.THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3.THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

4/5

+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-1466[I] dated 06/02/2024)

ORDER

IN CRL OP(MD) No.19951 of 2023 Date :07/11/2023 RK/VRS (10/11/2023) 5P / 6C DSS PKP/JGB/SAR /12.02.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5