Senthilkumar 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. Senthilkumar,

2. Ganeshkumar,

3. Jothikannan, ... Petitioners/Accused Nos.1 to 3 Vs State Rep.by The Inspector of Police, Swaminathapuram Police Station, Dindigul District.

Crime.No. 74 of 2022. ... Respondent/Complainant For Petitioners: Mr.S.Ramsundarvijayraj, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.74 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(i) of I.P.C., in Crime No.74 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to some land dispute between the parties, the petitioners abused the defacto complainant in filthy language and also attacked him. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

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4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured person sustained only simple injury and she has been treated as out patient. He further submitted that there is no previous case pending against the petitioners.

5.Considering the nature of offence, the overt act attributed against the petitioners and the fact that the injured person sustained only simple injury and she has been treated as out patient, 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, before the learned Judicial Magistrate, Palani, on condition that the petitioners shall execute 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 the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required. The petitioners shall comply with the condition 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 01/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg/vsd 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.

TO 1 THE JUDICIAL MAGISTRATE, PALANI.

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2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE SWAMINATHAPURAM POLICE STATION, DINDIGUL DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC toM/s.S.RAMSUNDAR VIJAYRAJ,Advocate(SR-5121[I]dated 01/06/2022

ORDER

IN CRL OP(MD) No.9682 of 2022 Date :01/06/2022 PKP/PN/SAR-4/02.06.2022/3P/6C 3/3