S.Karthiresan v. The Inspector Of Police

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.1253 of 2022

1. S.Karthiresan

2. K.Poonkodi

3. M.Packiyam

4. M.Nagendran @ Naganathan ... Petitioners/Accused No.1 to 4 Vs State rep.by The Inspector of Police, Mudhukulathur Police Station, Ramanathapuram District.

(Crime No.19/2022).

... Respondent/Complainant For Petitioners: M/s.L.Prabakaran, 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.19 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, 148, 294(b), 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.19 of 2022, seek anticipatory bail.

2.The case against the petitioners is that the petitioners and the defacto complainant are residing in the same locality and they are having previous motive. They attacked each other. The case in Crime No.19 of 2022 was registered against the petitioners under

Sections 147, 148, 294(b), 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners it is stated that it is only a wordy quarrel between neighbours. Nobody was injured in the occurrence and counter case was registered against the defacto complainant and others. It was the defacto complainant who registered a case against the family members of the petitioners. The first petitioner is the husband of the second petitioner and the third petitioner is the mother of the fourth petitioner and pray to release them on anticipatory bail.

4.On the side of prosecution it is stated that there is a wordy quarrel between the parties and the defacto complainant is the neighbour. No one injured in this occurrence. 5.Considering the nature of the offence and the fact that no one was injured in the occurrence, this Court is inclined to grant anticipatory bail to the petitioners on the following 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, Muthukulathur 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 concerned Court daily at 10.30 am for a period of fifteen days 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/- 25/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) 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, MUTHUKULATHUR.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, MUDHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.PRABAKARAN L Advocate SR.No.418

ORDER

IN CRL OP(MD) No.1253 of 2022 Date :25/01/2022 SP/VR/SAR IV/31/01/2022/3P/6C