Narayanan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1.Narayanan

2.Dinesh

3.Surya @ Karumalaiyan

4.Ponnusamy

5.Kannan

... petitionerss / Accused Nos.1, 3 to 5 & 6

Vs The State, represented by The Inspector of Police, Vaiyampatty Police Station, (Crime No.326 of 2023). ... Respondent / Complainant For petitioners : Mr.M.Pitchai Muthu, Advocate. For Respondent : Mr.R.Suresh Kumar,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.326 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitionerss/Accused Nos.1, 3 to 5 & 6, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 294

(b), 323, 324, 506(ii) of I.P.C., in Crime No.326 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant and others went to a tea shop and requesting to give tea in a glass, but the tea master refused to give tea in the glass, for which, the picked up quarrel between them. So, first accused assaulted the defacto complainant with stick and caused injuries to him and further threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and are no way connected in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that it is a case and counter case.

¶5Considering the facts and circumstances of this case and considering the fact that it is a case and counter case, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, this Criminal Original Petition is allowed and petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Manapparai, Trichy District, 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/-

07/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Judicial Magistrate, Manapparai,

2.Do through the Chief Judicial Magistrate,

3.The Inspector of Police, Vaiyampatty Police Station,

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.PITCHAI MUTHU, Advocate ( SR-11951[I] dated 08/08/2023 ) ORDER IN CRL OP(MD) No.13096 of 2023 Date :07/08/2023 ED/MMS/SAR-IV (11/08/2023) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023