Ganesan v. The Inspector Of Police

CRL OP(MD). No.1318 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.1318 of 2022

1. Ganesan

2. Yuvaraj

3. Karthik ... Petitioners/Accused Rank No.1 to 3 Vs The State rep.by, The Inspector of Police, Valanadu Police Station, Trichy District.

Crime No.9 of 2022.

... Respondent/Complainant For Petitioners: Mr.J.Vishnu, 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.9 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 294 (b), 324, 506(ii) IPC, in Crime No.9 of 2022, seek anticipatory bail.

2.The case against the petitioners is that on seeing the petitioners uprooting the tree, the defacto complainant questioned the activity of the petitioners, the petitioners scolded the defacto complainant in filthy language and threatened him with dire consequence. The case in Crime No.9 of 2022 was registered against the petitioners under Sections 294(b), 324, 506(ii) IPC. The petitioners filed this petition for anticipatory bail. 3.On the side of the petitioners it is stated that the defacto complainant is the brother of the second and third petitioners. There is civil case pending between the parties. The injured was discharged from the hospital and pray the petitioners to be released on anticipatory bail.

4.On the side of prosecution it is stated that in this case totally three accused involved in the occurrence and civil case is also pending between the parties. It was the petitioners, who was https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1318 of 2022 uprooting the trees and the same was questioned by the defacto complainant. It is fairly admitted that the injured was discharged from the hospital on 18.01.2022.

5.It is seen that the injured was already discharged from the hospital and considering the relationship between the parties and also considering the nature of offence, 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, Manaparai, 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 concerned Court 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/- 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 JUDICIAL MAGISTRATE, MANAPARAI, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

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

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

ORDER IN CRL OP(MD) No.1318 of 2022 Date :25/01/2022 PNM MK/VR/SAR.I/31.01.2022/3P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2