Subramanian @ Subramani v. The Inspector 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.1477 of 2022

1. Subramanian @ Subramani

2. Alagu

3. Nagarethinam

4. Gunasundari

5. Umarani ... Petitioners/Accused No.1 to 5 Vs State rep.by The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District (Crime No.25 of 2022).

... Respondent/Complainant For Petitioners: M/s.T.Veerakumar, 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. 25 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), 323, 324, 506(ii) IPC, in Crime No.25 of 2022, seek anticipatory bail.

2.The case against the petitioners is that due to civil dispute between the parties, the petitioners assaulted the defacto complainant and threatened him with dire consequences. The case in Crime No.25 of 2022 was registered against the petitioners under

Sections 147, 148, 294(b), 323, 324, 506(ii). The petitioners filed this petition for anticipatory bail.

3.On the side of the petitioners it is stated that only due to civil dispute false case was foisted against the petitioners. Injured was discharged from the hospital. All the petitioners are above forty years old and fourth and fifth petitioners are female and pray the petitioners to be released on anticipatory bail. 4.On the side of prosecution it is stated that there is a counter case pending against the defacto complainant in Cr.No.24 of 2022. The victim was discharged from the hospital and pray the petition to be dismissed.

5.Considering the nature of the offence and the fact that counter case is pending against the defacto complainant, 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, Thiruvadanai 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/- 28/01/2022 / 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, THIRUVADANAI.

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

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

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

ORDER

IN CRL OP(MD) No.1477 of 2022 Date :28/01/2022 SP/PA/SAR IV/03/02/2022/3P/5C