Varatharaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI 1.Varatharaj 2.Vengatesh 3.Selvam 4.Dhanakodi 5.Santhi 6.Annakamu 7.Muruganantham 8.Balakumar ... Petitioners/Accused No.1 to 8 Vs State Rep.by The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

Cr.No.524 of 2021. ... Respondent/Complainant For Petitioners: Mr.M.Balamurugan, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.524 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(i) IPC, in Crime No.524 of 2021, seek anticipatory bail.

2.The case of the prosecution is that there was land dispute between the parties, due to that, on 25.12.2021 at about 12.30PM, there was quarrel between them, in which, the defacto complainant was assaulted and was abused by the petitioner. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that the petitioners and the defacto complainant belongs to the same village, that there was land dispute between the parties and that the injured was discharged from the hospital. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured was discharged from the hospital on 31.12.2021 and that the investigation is not yet completed.

5.Reading of the FIR shows that there was land dispute between the parties, due to that, trouble arose between them and the allegation against the accused persons is that they abused the defacto complainant in filthy language and assaulted him. 6.Considering the facts and circumstances of this case, the nature of land dispute between the parties and that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Thuraiyur Taluk, Trichy District and on their executing 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 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1.The Judicial Magistrate, Thuraiyur Taluk, Trichy District.

2.Do Through The Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.89 of 2022 Date :06/01/2022 RS/JM/SAR.4(10.01.2022) 3P-5C 3/3