G. Ghouse Khadri v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN G. Ghouse Khadri ... Petitioner / Accused No.3 Vs State rep by The Inspector of Police, Thideer Nagar Police Station, Madurai City. ... Respondent / Complainant For Petitioner : M/s.Subbiah.P, 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.511 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.511 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that22.07.2023 at about 1.30 hours, when the defacto complainant cleaning his auto-rickshaw, the accused persons came there, abused him in filthy language and made assault upon him. When the same was intercepted by his father, he was also attacked by them. They have also threatened them with dire consequences. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that there is no previous case pending against the petitioner. The injured person in this case discharged from the hospital.

¶5Considering the nature of offence, the overt act attributed against the petitioner and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.V, Madurai, on condition that the 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 petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The 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/-

01/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TM TO

¶1The Judicial Magistrate No.V, Madurai.

¶2Do-Through The Chief Judicial Magistrate, Madurai District.

¶3The Inspector of Police, Thideer Nagar Police Station, Madurai City.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.P.SUBBIAH, Advocate SR-36854(F), dated 02.08.2023. ORDER IN CRL OP(MD) No.13977 of 2023 Date :01/08/2023 ED/MMS/SAR- (07/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023