Kathirraja v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kathirraja, ... Petitioner/Accused No.1

Vs State Rep.by The Inspector of Police, Woraiyur Police Station, Trichy City. (Crime No.1980/2023).. ... Respondent/Complainant For Petitioner : K.Arunraj,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.1980/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 324 and 506(ii) of IPC in Crime No.1980 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 24.08.2023, due to previous motive, the petitioner along with three other accused persons, abused the defacto complainant in filthy language, assaulted him and threatened him with dire consequences. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

¶4Learned Additional Public Prosecutor would submit that trouble has arisen between two brothers over which a case and counter case were also registered. Injured in both the cases have been discharged from the hospital.

¶5Considering the facts and circumstances of this case and also the fact that it is a issue between the brothers and a counter case was also registered against the defacto complainant herein, this Court is inclined to grant relief to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.IV, Trichy, on condition that the petitioner 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 petitioner shall appear before the respondent police on every Sunday at 5.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 11/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. PNN TO THE JUDICIAL MAGISTRATE NO.IV TRICHY. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. THE INSPECTOR OF POLICE WORAIYUR POLICE STATION, TRICHY CITY. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI. +1 CC to M/s.K.ARUNRAJ, Advocate ( SR-13442[I] dated 11/09/2023 ) ORDER IN CRL OP(MD) No.16345 of 2023 Date :11/09/2023 PKP/DD/SAR- /25.09.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023