M.Veemadurai v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN M.Veemadurai ... Petitioner/Accused 1

Vs The Inspector of Police, Uvari Police Station, Uvari, Tirunelveli District, Crime No.95/2023. ... Respondent/Complainant For Petitioner : M/s.APPAJI.C.K.M,

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.95 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(ii) of IPC, in Crime No.95 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 11.07.2023, at about 10.p.m., when the defacto complainant along with his friends, due to shortage of petrol, his two wheeler was struck off. At that time, the petitioner along with other accused persons, came there, questioned the defacto complainant, abused them in filthy language, kicked and fisted away and tied them in a tree. Thereby, they sustained injuries. Then, the local people, rescued and admitted in the hospital. 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 the injured in this case has been discharged from the hospital. The petitioner has no previous case.

¶5Considering the nature of offence, the injured person has been discharged from the hospital and the petitioner is having no previous case, 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, Radhapuram, 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/-

03/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TM TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, UVARI POLICE STATION, UVARI, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.APPAJI.C.K.M Advocate SR.No.11877 ORDER IN CRL OP(MD) No.14184 of 2023 Date :03/08/2023 SA/VR/SAR. /18.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.