Marimuthu v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1.Marimuthu

2.Chithra

3.Muniyasamy @ Muniyandi

4.Chella Muniyandi @ Thangamuniyandi

5.Karunanithi

... Petitioners/Accused Nos.21 to 25

Vs The State, represented by The Inspector of Police, Irukkankudi Police Station, Sattur Taluk, Virudhunagar District. Crime No.92 of 2023. ... Respondent/Complainant For Petitioner : Mr.G.MARIAPPAN,

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.92/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/Accused Nos.21 to 25, apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 148, 427, 448, 294(b), 307 I.P.C and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.92 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that on 31.08.2023 at about 19.30 hours, all the accused said to have attacked the defacto complainant, caused damage to the tiles, pipes of the house, caused injuries on the head of the defacto complainant with iron rod and intimidated the defacto complainant. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the complainant party had attacked one Satheeshkumar with knife, the same was registered in Crime No.91 of 2023 under Sections 147, 341, 294(b), 307 r/w. 109 IPC against eight persons. The petitioners had not committed any such offences as alleged by the prosecution.

¶4The learned Government Advocate (Crl.Side) would submit that it is the case and counter case. The counter case has been registered in crime No.91 of 2023. Injured in both the cases are discharged from the hospital.

¶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, 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, Sattur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with one surety 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/-

21/09/2023

/ 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, SATTUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE, IRUKKANKUDI POLICE STATION, SATTUR TALUK, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.G.MARIAPPAN, Advocate ( SR-13979[I] dated 21/09/2023 ) ORDER IN CRL OP(MD) No.16904 of 2023 Date :21/09/2023 SA/VRS/SAR. /27.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.