Ranjith v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

¶1Ranjith

¶2Agatheeshwaran

¶3Vicky @ Vigneshwaran ... Petitioners/ Accused Nos.1,2 and 4

Vs The State rep.by, The Inspector of Police, Malaiyur Police Station, Pudukkottai District. (Crime No.99 of 2023). ... Respondent/Complainant For Petitioners : M/s.Rameshkumar.D, 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.99 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, 506

(ii) I.P.C, in Crime No.99 of 2023 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that due to previous enmity, on

13.07.2023, the accused persons abused and assaulted the defacto complainant and threatened him with dire consequences. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case, on account of previous enmity. The injured has been discharged from the hospital. Hence, prays to release them on anticipatory bail.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that though the injured has been discharged from the hospital, the first accused/first petitioner is having three previous cases and second accused/second petitioner is having one previous case at their credit. However, the fourth accused/third petitioner is not having any previous case at his credit.

¶5Considering the previous antecedents of the first and second petitioners, this Court is not inclined to enlarge them on anticipatory bail and this Criminal Original Petition is dismissed, in respect of first and second petitioners.

6.On considering the nature of offence and the fact that the third petitioner is not having any bad antecedent and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the third petitioner alone.

¶7Accordingly, this Criminal Original Petition is partly allowed and the third petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Karambakudi, Pudukottai District, on condition that the third petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the third petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The third petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶8The third petitioner 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/-

24/07/2023

/ TRUE COPY /

/07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. pnm TO

1.THE JUDICIAL MAGISTRATE, KARAMBAKUDI, PUDUKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3.THE INSPECTOR OF POLICE, MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.13474 of 2023 Date :24/07/2023 RK/BUC (27/07/2023) 5P /5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023