Sekar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.10.2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1.Sekar

2.Balu @ Balakrishnan

3.Ramu @ Ramachandran

4.Sathish @ Sathishkumar ... Petitioners / A1 to A4 Vs State represented by The Inspector of Police, Dhadikombu Police Station, Dindigul District. Crime No.182 of 2023. ... Respondent / Complainant For Petitioners : M/s.S.VISHNUVARDHAN, Advocate

For Respondent : Mr.R.M.ANBUNITHI

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.182 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(2) of IPC and Section 4 of TNPHW Act in Crime No.182 of 2023, on the file of the respondent police, seek anticipatory bail.

2.The case of prosecution is that the defacto complainant's husband is a driver. On 24.04.2023, the 1st petitioner's car has hit the defacto complainant's husband's lorry and the car was damaged to the tune of Rs.5 Lakhs. Hence the petitioners / accused have threatened the defacto complainant to pay the amount. Hence the complaint.

3.Learned counsel for the petitioner would submit that the petitioners are innocents, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

¶4Learned Additional Public Prosecutor submitted that the first petitioner is having four previous cases registered for the offence of assault. No previous case is pending against the other petitioners. The earlier application was dismissed on the ground that the petitioner is having previous case.

¶5Considering the bad antecedents, this Court is not inclined to grant relief to the first petitioner. Accordingly, this Criminal Original Petition is dismissed in so far as the first petitioner is concerned.

6.Considering the facts and circumstances of this case and also the fact that the petitioners 2 to 4 are not having any previous case, this Court is inclined to grant relief to the petitioners.

¶7Accordingly, this Criminal Original Petition is partly allowed and the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on his appearance, before the learned Additional Mahila Court, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners 2 to 4 shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners 2 to 4 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶8The petitioners 2 to 4 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/-

11/10/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN TO 1 THE ADDITIONAL MAHILA JUDGE, DINDIGUL. 2 THE INSPECTOR OF POLICE, DHADIKOMBU POLICE STATION, DINDIGUL DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.VISHNUVARDHAN, Advocate ( SR-14969[I] dated 11/10/2023 ) ORDER IN CRL OP(MD) No.18203 of 2023 Date :11/10/2023 SA/JGB/SAR. /17.10.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.