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Madras High CourtCRL OP(MD)/8939/2018dismissed

P.Pandi v. The Inspector Of Police

2018-06-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8939 of 2018 1 P.PANDI 2 P.VIJAYALAKSHMI 3 P.VIJAYAPANDI 4 P.GANESAN ...PETITIONERS/ACCUSED No.1 to 4 Vs STATE REP. BY THE INSPECTOR OF POLICE M.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

Crime No.55 of 2018.

... RESPONDENT/COMPLAINANT For Petitioner : Mr.R.SELVARAJ, Advocate.

For Respondent : Mr.A.ROBINSON, Government Advocate (Crl.side) For Intervenor : Mr.R.GANESH PRABHU, Advocate. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent Police for the offences under Sections 323, 324 and 506 (ii) of I.P.C. in Crime No.56 of 2018 and seek anticipatory bail. They are figuring as Accused Nos.1 to 4.

2.The de facto complainant in this case is one Jeyakumar. His specific complaint is that there was litigation between the second petitioner viz., P.Vijayalakshmi and his uncle Pandi. The second petitioner herein filed O.S.No.79 of 2015 on the file of the District Munsif cum Judicial Magistrate, Peraiyur. The said suit was dismissed on 18.04.2018. Following the same, the de facto complainant installed the board in the suit property. Angered by the same, the petitioners herein attacked the de facto complainant with sticks and stones. As a result, the de facto complainant suffered injuries all over his body. He was in hospital for seven days.

3.Mr.R.Ganesh Prabu, learned counsel appearing for the de facto complainant fairly submitted that the de facto complainant has been discharged from the hospital.

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4.When the matter was taken on previous occasion, this Court called upon the learned counsel for the petitioners to get the affidavit from the petitioners that they would abide by the decision of the Civil Court. As on date, the judgment of the Civil Court is against the petitioners. The petitioners are not willing to file such an affidavit. It shows that the petitioners have no respect for the process of the Court. In these circumstances, taking note of the conduct of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners herein.

5.This Criminal Original Petition is dismissed accordingly. sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE M.KALLUPATTI POLICE STATION, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.GANESH PRABHU, Advocate, SR.No.9598

ORDER

IN CRL OP(MD) No.8939 of 2018 Date :06/06/2018 tsg SH/CM-VR/VK: 12.06.2018:2P/4C https://hcservices.ecourts.gov.in/hcservices/