Sudhakar v. Thn Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12885 of 2023

1.Sudhakar

2.Gandhi @ Gandhi Triple Haich ... Petitioners/Accused Nos.3 & 4

Vs The State, represented by The Inspector of Police, Mukkudal Police Station, Tirunelveli District. Crime No.94 of 2023.

... Respondent/Complainant For Petitioner : Mr.Sailendrababu.G,

Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.94/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.3 and 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 307, 506(ii) I.P.C., in Crime No.94 of 2023 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that there was some land dispute regarding pathway rights between the defacto complainant and the first accused. Due to the above motive, the A1 along with other accused persons attacked the defacto complainant and thereby caused injury to him. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that injured has been discharged from the hospital.

¶5Considering the nature of offence and also considering that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, 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, Seranmahadevi, 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.

¶7The 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/-

14/07/2023

/ TRUE COPY /

/07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. indu TO 1 THE JUDICIAL MAGISTRATE, SERANMAHADEVI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT. 3 THN INSPECTOR OF POLICE MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.G.SAILENDRA BABU, Advocate ( SR-10855[I] dated 18/07/2023 ) ORDER IN CRL OP(MD) No.12885 of 2023 Date :14/07/2023 SS/BUC/29/07/2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023