Saravanan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13623 of 2023

1.Saravanan

2.Arumugam

3.Vengatraman

4.Padma

5.Dhanam ... Petitioners/Accused Nos.1 to 5 Vs State represented by The Inspector of Police, Valanadu Police Station, Trichy District. (In Crime No.119 of 2023)

... Respondent/Complainant For Petitioners : M/s.S.Ramsundarvijayraj, 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.119 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324, 506(ii) of IPC in Crime No.119 of 2023 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on 13.07.2023 at about 7.30 p.m., due to previous enmity, the accused persons came to the defacto complainant's house, attacked him , abused him with filthy language and criminally intimidated him. Hence the complaint.

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

¶4The learned Additional Public Prosecutor would submit that it is a case, case in counter. A case in Crime No.118 of 2023 has been filed against the defacto complainant. Injured persons in both the cases have been discharged from the hospital.

¶5Taking into consideration the facts and circumstances of the case and also the fact that the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioners are directed to be released on bail in the event of arrest or on their 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/-

26/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN TO 1oooTHEoJUDICIALoMAGISTRATE, MANAPPARAI,oTRICHYoDISTRICT. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE, TRICHY. 3oooTHEoINSPECTORoOFoPOLICE VALANADUoPOLICEoSTATION, TRICHYoDISTRICT. 4oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, oo oMADURAI.o +1 o CC o to o M/s.S.RAMSUNDARVIJAYRAJ, o Advocate o ( o SR-11407[I] o dated 28/07/2023o) ooooooooooooooooooooooooooooooooooooooooORDER ooooooooooooooooooooooooooooooooooooooooIN ooooooooooooooooooooooooooooooooooooooooCRLoOP(MD)oNo.13623oofo2023 ooooooooooooooooooooooooooooooooooooooooDateoo:26/07/2023 SS/VR/07/08/2023/4P/6Co