Thayanban v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1831 of 2022

1. Thayanban

2. Arunkumar

3. Saran Kumar

4. Palaniyandi ... Petitioners/Accused (Rank Not Known) Vs State rep.by The Inspector of Police, Jeeyapuram Police Station, Trichy District.

(Crime No.15/2022).

... Respondent/Complainant For Petitioners: M/s.J.Sivaram, 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.15 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), 323, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.15 of 2022, seek anticipatory bail.

2.The case against the petitioners is that the petitioners abused the defacto complainant in filthy language, attacked and threatened her & her husband with dire consequences. Hence, the complaint.

3.On the side of prosecution it is stated that the name of the petitioners 1 & 4 are not included in the FIR. With regard to other petitions, there was dispute between the neighbours. On the day of occurrence, the father of the second petitioner was in drunken mood and abused the husband of the defacto complainant. After that, the occurrence took place. The injured was also discharged from the hospital.

4.In response, the learned counsel for the petitioners seek permission to withdraw petition with respect to petitioners 1 & 4. In respect of other petitioners, it is stated by the learned counsel for the petitioners that there was a quarrel between neighbours. Injured was discharged from the hospital. Hence, prays to release them on anticipatory bail.

5.Considering the nature of offence, dispute between the parties and the injured was also discharged from the hospital, this Court is inclined to grant anticipatory bail to the second & third petitioners on the following conditions.

6.Accordingly, the second & third petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.III, 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 second & third 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 second & third petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The second & third 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.

8.This Criminal Original Petition is dismissed as withdrawn, as against first & fourth petitioners.

Sd/- 01/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) 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.III TRICHY.

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

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

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

ORDER

IN CRL OP(MD) No.1831 of 2022 Date :01/02/2022 SP/SBN/SAR II/04/02/2022/3P/5C