Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Ganesan

2. Seeni @ Murugan

3. Murugesan

4. Angammal

5. Chinnaponnu @ Ponnammakali ... Petitioners/Accused Nos. 1 to 5 Vs The State Rep.by The Inspector of Police, Aravayal Police Station, Sivagangai District.

(Crime No.6/2023). ... Respondent/Complainant For Petitioner : M/s.Pandiyaraj S, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 and 506(i) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.6 of 2023 on the file of the respondent police, seek anticipatory bail. 1/3

2.The case of the prosecution is that on 19.01.2023 at 11.30 p.m., while the de-facto complainant was sleeping in home, due to previous enmity, the petitioners came there and scolded in filthy language and beaten the de-facto complainant and her family members by hands and also made a life threat to her. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that it is a case and case in counter and thereby, he would seek for anticipatory bail.

4.The learned Government Advocate (Crl. side) would submit that the first petitioner is having one previous case and the petitioners 2 to 5 are having no previous case. The injured has been discharged from the hospital. However, he would oppose for grant of anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, 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, Devakottai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 i.e., on first working day of every English calender 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/- 03/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 2/3

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.PANDIYARAJ S Advocate SR.No.1775(I)

ORDER

IN CRL OP(MD) No.2250 of 2023 Date :03/02/2023 VA/SBN/SAR-4/14.02.2023/2P/6C 3/3