Uthayakumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1.Uthayakumar

2.Gopal Krishnan

3.Naveenkumar ... Petitioners / Accused Rank not known Vs State rep by, The Inspector of Police, Perumalpuram Police Station, Tirunelveli City. (Crime No.263/2023.) ... Respondent / Complainant For Petitioner : Mr.T.Selvan, Advocate. For Respondent : Mr.Vaikkam Karunanithi,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.263/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused rank not known, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 148, 506

(ii) of IPC in Crime No.263 of 2023 on the file of the respondent Police, seek anticipatory bail.

¶2The case of the prosecution is that the petitioners are following the defacto complainant and another with deadly weapons. Hence, the complaint.

¶3The learned Government Advocate (Crl. Side) for the respondent Police submitted that previous cases are pending against these petitioners.

¶4On 04.07.2023, the petitioners were directed to file an undertaking affidavit, on that ground this matter has been listed today.

¶5Today, the petitioners have filed an undertaking affidavit that they will not make any trouble to the defacto complainant's party.

¶6The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offences as alleged by the prosecution.

¶7On the basis of the undertaking affidavit that was filed by the petitioners, considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners.

¶8Accordingly, 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.I, Tirunelveli, 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 on receipt of summons and as and when requires for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶9The 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. If there is any violation of affidavit or if any fresh case is registered against him, the bail granted by this Court shall stand cancelled automatically without any reference to the Court.

sd/-

11/07/2023

/ TRUE COPY /

/07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Judicial Magistrate No.I, Tirunelveli.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.T.SELVAN, Advocate SR-33587(F), dated 11.07.2023.

ORDER

IN

Date :11/07/2023 ED/BUC/SAR- (19/07/2023) 4P / 6C Madras High Court is issuing certified copies in this format from 17/07/2023