Raja Manickam v. The Inpsector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1483 of 2022

1. Raja Manickam

2. Kannamma @ Kannammal

3. Ramesh

4. Selvam ... Petitioners/Accused 1 to 4 Vs State rep.by The Inpsector of Police, Lalgudi Police Station, Trichy District.

(Crime No.21/2022).

... Respondent/Complainant For Petitioner : M/s Lenin Kumar.T., 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.21/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) of IPC r/w. Section 4 of TNPHW Act, in Crime No.21 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case against the petitioners is that on 11.01.2022 at about 12.00 noon, when the petitioners were digging a pit in the complainant's land, the complainant questioned the same. At that time, the petitioners abused her in filthy language and attacked with hands. Hence, the case has been registered.

3.On the side of the petitioners it is stated that the complainant is the adjacent land owner of the petitioners' property and she claimed right over the petitioners' property. Since the 1st petitioner advised her, she quarreled with the petitioners and lodged the false complaint.

4.On the side of the respondent it is submitted that there is a civil dispute between the parties and that the injured was treated as out patient.

5. Considering the nature of the offence and that the injured was treated as out patient, this Court is inclined to grant anticipatory bail to the petitioners 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, Lalgudi, 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 one month. 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/- 28/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, LALGUDI.

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

3. THE INPSECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.1483 of 2022 Date :28/01/2022 SP/JM/SAR IV/04/02/2022/3P/5C