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High CourtsSingle Bench(2023) 08 MAD CK 0223

C.Bazeer Khan And Others vs State

Madras High Court · Decided on 8 August 2023

HON’BLE JUDGES
G.Ilangovan, J
CASE NUMBER
Criminal Original Petition (MD) No. 14472 Of 2023

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Judgment

8 paragraphs · 340 words

G.Ilangovan, J

1.

The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 323 and 506(i) of IPC in Crime No.2294 of 2022, on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution as per the defacto complainant version is that on 23.11.2022, the defacto complainant asked for the by-laws related to the election for the post of President of Mahabuppalayam Sunnath Wal Jamad Mosque and paid Rs.100/-. At that time, questioning his eligibility, the petitioners alleged to have pushed the defacto complainant outside, attacked him and threatened him with dire consequences. Hence the complaint.

3.

The learned counsel for the petitioners submitted that the petitioners are innocent, they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

4.

The learned Government Advocate (Crl.side) would submit that no previous case is pending against the petitioners. There was a wordy quarrel arose between the defacto complainant and the petitioners.

5.

Considering the facts and circumstances of this case and also the fact that a trouble has arisen out of a wordy quarrel, this Court is inclined to grant relief to the petitioners.

6.

Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.5, Madurai, on condition that the petitioners 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 on further condition that 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.

7.

The 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.