Krishnamariappan v. The Sub Inspector Of Police

CRL OP(MD). No.9863 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9863 of 2022

1. Krishnamariappan

2. Murugesan ... Petitioners/Accused No.1 & 2 Vs The State of Tamil Nadu Represented by the Sub Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

(Crime No.89/2022).

... Respondent/Complainant For Petitioner : M/s.Dilip Kumar.N, 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.89 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(1) of I.P.C, in Crime No.89 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to a pathway dispute, the accused persons abused and assaulted the defacto complainant and also threatened him with dire consequences. 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.

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the injury sustained by the defacto complainant is only simple injury and no previous case is pending against them.

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CRL OP(MD). No.9863 of 2022 5.Considering the nature of the offence and the overt act attributed against the petitioners, 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 No.II, Kovilpatti, 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.

LR/RM 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 NO.II, KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE SUB INSPECTOR OF POLICE PASUVANTHANAI POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.DILIP KUMAR N Advocate SR.No.5155

ORDER

IN CRL OP(MD) No.9863 of 2022 Date :01/06/2022 SS/VR/SAR:IV/03.06.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2