Madras High CourtCRL OP(MD)/986/2022allowed

Somasundaram v. The Inspector Of Police

2022-01-25Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.986 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.986 of 2022

1. Somasundaram

2. Siva Jothi

3. Mohan Doss Karamsanth Gandhi

4. Subbu Lakshumi ... Petitioners/Accused 1 TO 4 Vs The state represented by The Inspector of Police, Kalaiyar Kovil Police Station, Sivagangai District.

(Crime No.625/2021). ... Respondent/Complainant For Petitioners : M/s.Palani Raja.M, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.625 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/ Accused Nos.1 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 109, 506(ii) of I.P.C and Section 4 of Tamil Nadu Woman Harassment Act, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the parties, the petitioners attacked the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and the petitioners 2 to 4 are Government Servants. He further submitted that this is a case and case in counter and prayed the petition to be allowed.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to civil dispute between the parties, the petitioners attacked the defacto complainant. He further submitted that the injured was discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.986 of 2022

5. Considering the nature of offence, the overt act attributed against the petitioners and considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, 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 Additional Mahila Court, Sivagangai District, 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.

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.

sd/- 25/01/2022 / 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.

TO 1 THE ADDITIONAL MAHILA JUDGE, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE KALAIYAR KOVIL POLICE STATION, SIVAGANGAI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.PALANI RAJA, Advocate ( SR-428[I] dated 27/01/2022 )

ORDER

IN CRL OP(MD) No.986 of 2022 Date :25/01/2022 SS/VR/SAR-I/28.01.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2