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Madras High CourtCRL OP(MD)/1378/2022allowed

D.Alagar v. The Inspector Of Police

2022-01-27Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1378 of 2022

1. D.Alagar

2. Sivaprakasam @ Sivakumar

3. Vigneshwaran @ Manikandan

4. Rishikumar @ Rishi

5. Sakthi Vinayagamoorthy ... Petitioners/Accused 1 to 5 Vs State rep.by The Inspector of Police, Thuvakkudi Police Station, Trichy District (Crime No.16 of 2022).

... Respondent/Complainant For Petitioners: M/s.K.P.Narayanakumar, Advocate. For Respondent : M/s.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 16 of 2022 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, 294(b), 324, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.16 of 2022, seek anticipatory bail.

2.The case against the petitioners is that during Erudhu vidum vizha, when the defacto complainant tried to catch the bull owned by the accused persons, there was wordy quarrel between two groups and

with that motive, the petitioners abused and assaulted the defacto complainant with wooden log and threatened him with dire consequences. The case in Crime No.16 of 2022 was registered against the petitioners under Sections 147, 294(b), 324, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The petitioners filed this petition for anticipatory bail. 3.On the side of the petitioners it is stated that all the petitioners belongs to the same family and there was wordy quarrel between the parties on 17.01.2022. A counter case was also registered against the defacto complainant and others and they were tried to cause injury to the bull of the accused persons and due to that wordy quarrel has taken place. In the counter case, the defacto complainant and others were already released on bail. It was the defacto complainant, who assault the petitioners and pray them to be released on anticipatory bail.

4.On the side of prosecution it is stated that totally five accused involved in the occurrence and there was wordy quarrel between the parties, at the time of jallikattu. The petitioners attacked the defacto complainant and caused injuries. It is fairly admitted that the injured was discharged from the hospital. 5.In view of the submissions made by both parties, considering the nature of offence and that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, No.VI, Trichy 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.

7.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/- 27/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM

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 JUDICIAL MAGISTRATE NO.VI, TRICHY.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE, THUVAKKUDI POLICE STATION, TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.NARAYANAKUMAR.K.P. Advocate SR.No.472

ORDER

IN CRL OP(MD) No.1378 of 2022 Date :27/01/2022 SP/JM/SAR I/01/02/2022/3P/6C