Shanmugam v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1.Shanmugam

2.Gowtham

3.Manoj

... Petitioners / Accused Nos.2, 6 & 7 Vs State, rep by The Inspector of Police, Vangal Police Station, Karur District. (Crime No.306 of 2023.) ... Respondent / Complainant

For Petitioners : Mr.R.L.Dhilipan Pandian, Advocate.

For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.306/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.2, 6 and 7, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 I.P.C., in Crime No.306 of 2023 on the file of the respondent Police, seek anticipatory bail.

¶2The case of the prosecution is that due to civil dispute, on 08.08.2023 at about 9.30 a.m., the petitioners along with others accused were trying to put hut nearby the quarry, which belongs to the defacto complainant, when the same was questioned by the defacto complainant, the petitioners and others attacked the defacto complainant. The first accused stabbed Raguvaran with knife and caused grievous injury to him. Hence, the complaint.

¶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 it is a case and counter case. The counter case has been registered in Crime No.307 of 2023. In both the cases, injured have been discharged from the hospital. There is no previous case pending against the petitioners.

¶5Considering the nature of offence, it is a case and counter case, the injured persons in both the cases have been discharged from the hospital and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, 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 No.II, Karur, 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/-

05/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Judicial Magistrate No.II, Karur.

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

3.The Inspector of Police, Vangal Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.D.DHILIPAN PANDIAN, Advocate ( SR-13265[I] dated 05/09/2023 ) ORDER IN CRL OP(MD) No.16067 of 2023 Date :05/09/2023 ED/VRS/SAR- (11/09/2023) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023