Andiyappan v. The Inspector Of Police

CRL OP(MD). No.2143 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2143 of 2022

1. Andiyappan

2. Vasantha

3. Mallika ... Petitioners/Accused No.1,2 & 3 Vs The State rep.by, The Inspector of Police, Thogamalai Police Station, Karur District.

Crime No.39 of 2022.

... Respondent/Complainant For Petitioners: Mr.G.Prabhu Rajadurai, 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.39 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1,2 & 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 & 506(i) of IPC, in Crime No.39 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant leased out his land to the second petitioner. After expiring of lease period, the second petitioner refused to vacate the premises. In such circumstances, on 21.01.2022, when the defacto complainant, tried to enter into his land, the petitioners herein said to have abused him with filthy language and assaulted him and caused injury. Hence, this complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the injured was discharged from the hospital. Hence, he prays to grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured has been discharged https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2143 of 2022 from the hospital and no previous case is pending against the petitioners.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and no previous antecedents reported against the petitioners herein, this Court is inclined to grant anticipatory bail to the petitioners.

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 No.I, Kulithalai, 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 respondent police once in a month at 10.30 a.m. until further orders. 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/- 04/02/2022 / 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 NO.I, KULITHALAI.

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

3 THE INSPECTOR OF POLICE THOGAMALAI POLICE STATION, KARUR DISTRICT.

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

+1 CC to Mr.G.PRABHU RAJADURAI, Advocate(SR-785[I] dated 04/02/2022) ORDER IN CRL OP(MD) No.2143 of 2022 Date :04/02/2022 dss MK/MS/SAR.III/10.02.2022/3P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2