Veemarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI 1.Veemarajan 2.Mamtha
...Petitioners/Accused No.1 and 2
Vs State represented by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
(Crime No.168 of 2022).
... Respondent/Complainant For Petitioner : MR.S.Arichandran, Advocate.
For Respondent : M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.168 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 323, 324 and 506(ii) of IPC in Crime No.168 of 2022, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the father of the defacto complainant executed a settlement deed in favour of the minor son of A1 and A1 mortgaged the said property to a third party, knowing which, the de-facto complainant's father cancelled the settlement deed. In view of the above dispute, the petitioners scolded the father of the de-facto complainant and attacked him. Hence, the case was registered against the petitioners. 1/3
3.The learned counsel for the petitioners submits that the first petitioner and the de-facto complainant are brothers. The first petitioner has purchased a property and on the request of his father, he sold the lands and handed over the money to his father. After receiving the same, first petitioner's father executed a settlement deed in favour of his minor son. He further submits that the de-facto complainant with an ill intention to grab the property has lodged the present complaint.
4.The learned Government Advocate (criminal side) appearing for the respondent submits that this is a family dispute and the injured person was discharged from the hospital. He further submits that the case in counter is pending against the de-facto complainant. 5.Considering the nature of the allegation levelled against the petitioners and considering the fact that it is a property dispute between the brothers and that the injured person was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate cum District Magistrate, Kadaladi, 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 shall appear before the respondent police daily at 10.30 am., for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.
sd/- 01/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MAGISTRATE, KADALADI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9677 of 2022 Date :01/06/2022 SJI/LM MK/VR/SAR.IV/03.06.2022/3P/5C 3/3