Kaviyarasan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

¶1Kaviyarasan

¶2Prakash

¶3Selvam @ Selvaraj

¶4Silambarasan

¶5Chithiravel ... Petitioners / Accused No.1 to 5 Vs The State represented by The Inspector of Police, Annavasal Police Station, Pudukkottai District. (Crime No.166 of 2023) ... Respondent / Complainant For Petitioners : M/s.Banumathy.A, Advocate. For Respondent : Mr.M.Vaikkam Karunanithi,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- AB For Anticipatory Bail in Crime No.166/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, and 506(ii), in Crime No.166 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to land dispute, on 04.07.2023 at about

09.00 p.m., the petitioners along with other accused went to the defacto complainant house, abused the defacto complainant and his family members in filthy language and also attacked them with hands and woodenlog and caused injurious to them. Hence, the complaint.

3.The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

¶4The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been discharged from the hospital.

5.Considering the facts and the circumstances of this case and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Illupur, and on his executing 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 every Saturday at

10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/-

10/07/2023

/ TRUE COPY /

/07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA To

1.The Judicial Magistrate, Illupur.

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

3.The Inspector of Police, Annavasal Police Station, Pudukottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A.BANUMATHY, Advocate ( SR-10510[I] dated 11/07/2023 ) ORDER IN CRL OP(MD) No.12510 of 2023 Date :10/07/2023 ED/BUC/SAR- (24/07/2023) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023