Sunganya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Sunganya 2.Sundaram ... Petitioners/Accused Rank not known Vs The Inspector of Police, Singampunari Police Station, Thirupathur (Crime No.Not known of 2024) ... Respondent / Complainant For Petitioners :

M/s. Saranya.M, Advocate.

For Respondent :

Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. Not known of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 441, 294(b) and 506(ii) of 1/5

IPC, seek anticipatory bail.

2.The case of the prosecution is that on 24.03.2024, the petitioners have criminally intimidated the defacto complainant and scolded him due to civil dispute.

3.The learned counsel appearing for the petitioners submits that the second petitioner and the defacto complainant are own brothers. Due to civil dispute between the petitioners and the defacto complainant, the defacto complainant has attacked the first petitioner and her father. Based on the complaint given by the petitioner, a criminal case has been registered as against the defacto complainant.

4.The learned Additional Public Prosecutor appearing for the respondent submits that based on the complaint given by the defacto complainant, a case in Crime No.96 of 2024 has been registered as against the petitioners and one another for the offence under Sections 441, 294b and 506(ii) IPC. He further submits that a counter case has also been registered as against the defacto complainant and others for the offence punishable under Sections 109, 294b, 323 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The second petitioner is a Doctor in a Government Hospital. 5.Considering the facts and circumstances of the case and also 2/5

considering the facts that there is a civil dispute between the parties and the second petitioner and the defacto complainant are brothers, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Singampunari on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Singampunari and on further conditions that: i. The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

iii. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation 3/5

of the anticipatory bail.

7.The respondent police shall refer the petitioners and the defacto complainant before the Mediation Centre attached to the District Court concerned and the petitioners and the defacto complainant are directed to appear before the mediation centre and the dispute between them shall be settled amicably. sd/- 03/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate, Singampunari.

2.Do through the Chief Judicial Magistrate, 3.The Inspector of Police, Singampunari Police Station, Thirupathur, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

Copy to:

The Officer Incharge, Mediation Centre, District Court, +1 CC to M/s.M.SARANYA, Advocate ( SR-4160[I] dated 04/04/2024 )

ORDER

IN CRL OP(MD) No.5150 of 2024 Date :03/04/2024 ED/ JGB /SAR- (10/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5