High CourtsSingle Bench(2023) 08 MAD CK 0218

Chandramoulishwaran Alias Moulishwaran And Others vs State

Madras High Court · Decided on 9 August 2023

HON’BLE JUDGES
G.Ilangovan, J
RESULT
Dismissed
CASE NUMBER
Criminal Original Petition (MD) No. 14524 Of 2023

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Judgment

9 paragraphs · 384 words

G.Ilangovan, J

1.

The petitioners/Accused No.1, 4 & 5, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 427, 323, 324, 506(ii) of IPC, in Crime No.119 of 2023 on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution as per the defacto complainant's version is that there was a issue between the parties with regard to the first honour in a temple festival. Due to which, when the defacto complainant along with others went back after fetching water from Karagampalika Village near Cauvery River, the accused persons threw stones and coconut branches on the car, abused them and attacked them with sticks, thereby caused damages. Hence, the case.

3.

The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.

The learned Government Advocate (Crl. Side) for the respondent police submitted that in the FIR the worth of damage was not mentioned. In this case A2 and A3 were arrested and released on bail.

5.

Considering the nature of offence, the overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on condition of payment.

6.

Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the crime No.119 of 2023, before the trial Court, without prejudice to his rights and contentions before the trial Court.

7.

On such deposit being made, 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, Musiri, on condition that the petitioners 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 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.

8.

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.