Chandramouliahwaran v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

¶1Chandramoulishwaran alias Moulishwaran

¶2Hari Krishnan @ Hari

¶3Manoj ... Petitioners / Accused No.1,4 & 5 Vs The State rep by The Inspector of Police, Vathalai Police Station, Trichy. (Crime No.119/2023.) ... Respondent / Complainant

For Petitioners : M/s. Vishnu.V, 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. 119/2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/Accused No.1, 4 & 5, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 427, 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 as per the defacto complainant's version is that there was a issue between the parties with regard to the first honour in a temple festival. Due to which, when the defacto complainant along with others went back after fetching water from Karagampalika Village near Cauvery River, the accused persons threw stones and coconut branches on the car, abused them and attacked them with sticks, thereby caused damages. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that in the FIR the worth of damage was not mentioned. In this case A2 and A3 were arrested and released on bail.

¶5Considering the nature of offence, the overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on condition of payment.

¶6Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the crime No.119 of 2023, before the trial Court, without prejudice to his rights and contentions before the trial Court.

¶7On such deposit being made, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Musiri, 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.

¶8The 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/-

09/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TM To

1.The Judicial Magistrate, Musiri.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Vathalai Police Station, Trichy.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.14524 of 2023 Date :09/08/2023 ED/VRS/SAR- (05/09/2023) 4P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023