Pitchai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2020 PRESENT The Hon`ble Mr.Justice RMD.TEEKAA RAMAN
1. Pitchai
2. Mookkammal
3. Suruliyammal
4. Dhandapani
5. Saravanakumar
6. Krishnakumar
7. Senthileswari
8. Sakthivel
9. Karthick ... Petitioners/Accused No.1 to 9 Vs State rep.by The Inspector of Police, Cumbum South Police Station, Theni District.
Crime No.95/2020 ... Respondent/Complainant For Petitioners: M/s.M.Eswaran, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.95 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent Police for the offences punishable under Sections 147, 420, 448, 427, 294(b) and 506(i) of IPC, in Crime No.95 of 2020, on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and others and the defacto complainant are closed blood relatives. The first and third accused and the defacto complainant are own brothers and sister. The fourth accused is the husband of the third accused. 1/3
The other accused persons are wife and children of the first accused. They are same family members. One Palaniyandi, who is the father of the defacto complainant and first, third accused owned a house in Town Ward No.27, Park Road. The said Palaniyandi was expired after that some quarrel between the petitioners and the defacto complainant purpose of the said house property. Due to misunderstanding the accused trespassed into defacto complainant's house and said to have filthy language, attacked him with dire consequences. Hence, the defacto complainant lodged a complaint before the second respondent and the same was registered in Crime No.95 of 2020 for the offences under Sections 147, 420, 448, 427, 294(b) and 506(i) of IPC.
3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police.
4.The learned counsel appearing for the petitioners would submit that it is purely civil in nature, A1 has cancelled the released deed in favour of the defacto complainant have wordy altercation said to have been taken place.
5.Taking note of the fact that it is purely civil in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the even of arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District, 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 on further condition that the petitioners 5 to 9 shall appear before the respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation and the petitioners 1 to 4 shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously. 6.The petitioners shall appear before the concerned Magistrate on or before 30.03.2020, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 20/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3. THE INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, THENI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.ESWARAN, Advocate ( SR-5661[I] dated 23/03/2020 )
ORDER
IN CRL OP(MD) No.5005 of 2020 Date :20/03/2020 MS/VR/SAR-3/24.03.2020/3P.6C 3/3