Sakthivel v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD)No.12911 of 2023

1.Sakthivel

2.Venkatesh Kumar

... Petitioners / Accused Rank not Known Vs State represented by The Inspector of Police, Golden Rock Police Station, Trichy District. (In Crime No.494 of 2023) ... Respondent/Complainant For Petitioners : M/s.S.Velankanni, Advocate For Respondent : Mr.R.Suresh Kumar

Government Advocate (Crl.side)

PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.494 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 294(b), 324 and 506(ii) of IPC in Crime No.494 of 2023 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on 18.06.2023, due to previous enmity, the petitioners and other accused trespassed into the house of the defacto complainant, abused him using filthy language, attacked with wooden logs and hands and also criminally intimidated the defacto complainant with dire consequences. Hence the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. Hence, seek for the relief of anticipatory bail.

¶4The learned Government Advocate (Crl.side) would submit that it is a continuous occurrence between the defacto complainant and the accused persons, with regard to the first occurrence and that has been compromised between the parties and later the present occurrence stated to be settled.

¶5Considering the facts and circumstances and the fact that it is a continuous issue between the parties and the first occurrence was also compromised between them, this Court is inclined to grant relief to the petitioner.

¶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 No.V, Trichy, on condition that the petitioner 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 will stand dismissed.

sd/-

21/07/2023

/ TRUE COPY /

/07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN TO 1 THE JUDICIAL MAGISTRATE NO.V TRICHY. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE GOLDEN ROCK POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.S.VELANKANNI, Advocate ( SR-11092[I] dated 21/07/2023 ) ORDER IN CRL OP(MD) No.12911 of 2023 Date :21/07/2023 SS/MMS/31/07/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023