Sakthivel v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sakthivel

... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Vangal Police Station, Karur District. (Crime No.306 of 2023). ... Respondent/Complainant

For Petitioner : 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 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 147, 148, 294(b), 323, 355, 324, 506(ii) and 307 I.P.C., in Crime No.306 of 2023 on the file of the respondent Police, seeks 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 in the quarry area, which belongs to the defacto complainant, when the same was questioned by him, the petitioners and others attacked the defacto complainant. The first accused stabbed Raguvaran with knife and caused grievous injury to him. Hence, the complaint.

3.The learned counsel for the petitioner would submit 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 there is no previous case pending against the petitioner and it is a case and counter case. One of the victim, who suffered injury is still in hospital.

¶5Considering the facts and circumstances of this case and also considering that it is a case and counter 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 No.II, Karur, 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/- 12/09/2023 / 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-13537[I] dated 12/09/2023 ) ORDER IN CRL OP(MD) No.16452 of 2023 Date :12/09/2023 RS/JGB/SAR-(15.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023