Madras High CourtCRL OP(MD)/10596/2022allowed

Shanmugavel v. The Inspector Of Police

2022-06-21Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.10596 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.10596 of 2022 1.Shanmugavel 2.Vasantha 3.Manikandan 4.Subathra ... Petitioners/Accused No.5 to 7 & 8 Vs State Rep.by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

Crime.No.126 of 2022.

... Respondent/Complainant For Petitioner : M/s.M.Prabu, 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.126 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.5 to 7 & 8, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 354 & 506(ii) I.P.C. r/w Section 4 of TN Prohibition of Women Harassment Act, in Crime No.126 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to land dispute between pangalis, on 10.06.2022, the petitioners along with other accused said to have abused the defacto complainant with filthy language and also attacked him with wooden stick. 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 there was land dispute between pangalis. Over which, the occurrence said to have taken place on 10.06.2022. In which, the defacto complainant and others were assaulted by the petitioners and others. there are totally 8 accused and 3 victims in this matter. Out of 3 victims, 2 victims were discharged from the hospital on 13.06.2022 and one victim was discharged from the hospital on 15.06.2022. No previous case is pending against these petitioners.

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CRL OP(MD). No.10596 of 2022 5.Considering the nature of offence, the overt act attributed against the petitioners, the injured persons have been discharged from the hospital, 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, Thirumangalam, Madurai 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 first petitioner being the professor, the second petitioner being the wife of the first petitioner and the petitioners 3 & 4 being the college going student, the petitioners shall appear before the respondent police every Sunday 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/- 21/06/2022 / TRUE COPY / 24/06/2022 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, THIRUMANGALAM, MADURAI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.M.PRABU, Advocate ( SR-5857[I] dated 21/06/2022 ) ORDER IN CRL OP(MD) No.10596 of 2022 Date :21/06/2022 RS/SVR/SAR.2 (24.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2