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Madras High CourtCRL OP(MD)/6352/2024ordered

Saravanan v. The Inspector Of Police

2024-04-25Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Saravanan

2. Ganeshbabu

3. Ajithkumar ... Petitioners/Accused Rank not known Vs The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi.

(Crime No.76/2024.) ... Respondent/Complainant For Petitioners :

M/s.Anantha Murugan.S.M., Advocate.

For Respondent :

Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 76/2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police in connection with Crime No.76 of 2024 for the offence under Sections 147, 148, 294(b), 323, 379, 448 and 506(ii) of IPC, Section 3 of TNPPDL Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, have filed this petition seeking anticipatory bail.

2.The case of the prosecution is that there is a landlord and tenant dispute. In this regard, on 20.04.2024, the accused persons entered into the shop of the defacto complainant and caused damages to the articles and also took Rs.24,000/- from her shop. The accused persons also tried to evict the defacto complainant from the shop. Hence, the case.

3.The learned counsel for the petitioners submits that the petitioners are not named accused in the FIR, they did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that A1 and A2 in this case have already been granted anticipatory bail by this Court in Crl.O.P.(MD)Nos.6285 and 6315 of 2024 on 24.04.2024. 4.The learned Government Advocate (Crl. side) submitted that in this case, investigation is not yet completed. However, he fairly submitted that it is a landlord and tenant dispute between the parties and the injured has sustained 2/5

simple injuries in the said occurrence.

5.Considering the nature of offence that it is a landlord and tenant dispute, the injured has sustained only simple injuries and the co-accused have already been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, these Criminal Original Petitions are ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned Judicial Magistrate on condition that (i) the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thoothukudi;

(ii) 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;

(iii) The petitioners shall appear before the respondent police daily at 10.30a.m., for a period of one week, and thereafter, shall appear as and when required by the respondent police for 3/5

interrogation. They have to co-operate for the investigation; (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses;

(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 25/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judicial Magistrate No.II, Thoothukudi.

2.Do through the Chief Judicial Magistrate, Thoothukudi District.

3.The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi.

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

+1 CC to M/s.S.M.ANANTHA MURUGAN, Advocate ( SR-4884[I] dated 25/04/2024 )

ORDER

IN CRL OP(MD) No.6352 of 2024 Date :25/04/2024 ED/ JGB /SAR- (06/05/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5