Muthusamy v. The Inspector Of Police
CRL OP(MD). No.10377 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.10377 of 2022
1. Muthusamy
2. Tamilselvi ... Petitioners/Accused No.1 & 2 Vs The State rep.by, The Inspector of Police, Vayampatti Police Station, Trichy District.
Crime No.199 of 2022.
... Respondent/Complainant For Petitioners: MR.M.Vigneshkumar, 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.199 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506(ii) of I.P.C. and Section 4 of Tamil Nadu Women Harassment Act, 2005, in Crime No.199 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that because of the land dispute between the parties, on 05.06.2022, at about 11.30 a.m, the defacto complainant was in the occurrence place, the accused persons came there and caused criminal intimidation and assaulted her with wooden log and caused injury. She was taken to the Government Hospital, Manapparai. 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 because of the land dispute between the parties, trouble arose between them. Over which, counter case in Crime No.200 of 2022 was also registered against the defacto https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.10377 of 2022 complainant party. In both the cases, injured were discharged from the hospital on 14.06.2022 and no bad antecedents reported against the petitioners.
5. Considering the facts and circumstances of the case and also considering the fact that the injured were discharged from the hospital, counter has been registered against the defacto complainant and no bad antecedents reported 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 Judicial Magistrate Court, Manaparai, Trichy District, 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. until further orders. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 29/06/2022 / TRUE COPY / /07/2022 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.
TO 1 THE JUDICIAL MAGISTRATE MANAPARAI, TRICHY DISTRICT 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE VAYAMPATTI POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.10377 of 2022 Date :29/06/2022 MK/PN/SAR.II/07.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2