Ganesan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

¶1Ganesan

¶2Nagarajan

¶3Arunkumar

¶4Anandaraj

¶5Jeevakannan

¶6Balraj ... Petitioners1-5/Accused1-5

Vs The State rep.by, The Inspector of Police, Aranthangi Police Station, Pudukkottai District. Crime No.113 of 2022.. ... Respondent/Complainant For Petitioners : M/s.Maniyarasu.K.C.,

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.113 of 2022 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324, 506(2) of IPC, in Crime No.113 of 2022, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that due to land dispute, on 22.07.2021 at about

01.30 p.m, the accused persons abused the defacto complainant in filthy language and also attacked him with hands and caused injuries to him. Hence, the complaint.

¶3The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant.

¶4The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been discharged from the hospital.

¶5Considering the facts and the circumstances of this case and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.

¶6Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Aranthangi, and on their executing 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 on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

¶7The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed.

sd/-

11/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. tta TO

1.THE JUDICIAL MAGISTRATE, ARANTHANGI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3.THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.14703 of 2023 Date :11/08/2023

RK/VR (24/08/2023) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023