G.Rajiyam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2022 PRESENT The Hon'ble Mrs.Justice R.THARANI
1. G.RAJIYAM
2. M.ASHOK KUMAR
3. T.MARIGANESH
4. G.MARIAPPAN ... PETITIONERS/ACCUSED RANK NOT KNOWN VS THE STATE REP. BY, THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, PULIANGUDI, TENKASI DISTRICT.
(CRIME NO. 606 OF 2021).
... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.Pon Ramkumar, 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.606 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 457 & 380 of IPC in Crime No.606 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case against the petitioners is that the defacto complainant is running a chicken shop in the commercial complex that belongs to the Hindu Nadar Uravin Murai Committee. On 26.12.2021, the shop was illegally broke open by some unknown persons. They stole articles worth about Rs.20,000/-. Hence, the case was registered.
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3.On the side of the petitioner it is stated that the defacto complainant is a tenant who is running a chicken shop in the premises that belonged to a private society. There is dispute regarding the administration of the said society. The watchman was attacked by the defacto complainant. A case was registered against the defacto complainant. Only as a counter blast the defacto complainant has come forward with this false case. One of the petitioner was attacked by the defacto complainant and he is sill in the hospital and prayed the petitioners to be released on anticipatory bail.
4.On the side of the respondent it is stated that the property was recovered from A1. A3 is having one previous case under Section 506(ii) IPC. A4 to A7 have no previous case and prayed the petitioners to be dismissed.
5.Rank of the petitioners was not mentioned in the petition. Considering the submissions made by both sides and considering the nature of offence, this Court is inclined to release the petitioners on bail on certain conditions.
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 learned Judicial Magistrate, Sivagiri, 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 concerned Court daily at 10.30 a.m. for a period of fifteen days. 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/- 24/01/2022 / 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, SIVAGIRI.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, PULIANGUDI, TENKASI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.PON RAMKUMAR, Advocate ( SR-384[I] dated 24/01/2022 )
ORDER
IN CRL OP(MD) No.1078 of 2022 Date :24/01/2022 USK/PN/SAR-II/28.01.2022/3P/6C 3/3