High CourtsSingle Bench(2023) 08 MAD CK 0229

Raghuvaran 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. 14462 Of 2023

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Judgment

8 paragraphs · 343 words

G.Ilangovan, J

1.

The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 of IPC read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.629 of 2023, on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that on 25.07.2023, when the defacto complainant and the first petitioner, who is the son-in-law of the defacto complainant indulged in a wordy quarrel out of a family dispute, at that time the second petitioner who is the brother of the first petitioner joined with him, assaulted the defacto complainant with wooden log, sustained head injury and admitted in the hospital. 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 the injured person has been discharged from the hospital.

5.

Considering the facts and circumstances of this case and also the fact that injured has been discharged from the hospital, 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.IV, 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.