Santhanam v. The Inspector Of Police

CRL OP(MD).No.11112 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD).No.11112 of 2022 1.Santhanam 2.S.Naganathan 3.Samuthirakani 4.Karthikraj ... Petitioners/ Accused Nos.1, 4, 5 & 6 Vs The State rep.by, The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(In Crime No.123 of 2022) ... Respondent/Complainant For Petitioner : Mr.B.Anandan, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.123 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1, 4, 5 & 6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 448, 294(b),324 and 506(ii) IPC and Section 4 of Prohibition of Harassment of Women Act, 2002, in Crime No.123 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity on 04.06.2022 at about 2.30 p.m., on the instigation of first accused, A1's son-in-law one Kannan along with eight persons jointly knocked the defacto complainant's house door and abused her by using filthy language and also they attacked the her husband on his left shoulder and caused blood injuries. Therefore, the present case came to be registered.

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CRL OP(MD).No.11112 of 2022 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution. He would further submit that A2 and A3 were already arrested and released on bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured has been discharged from the hospital and A2 and A3 were already arrested and released on bail.

5.Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioners, however, with stringent conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Thiruchuli, 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner 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 fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 30/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUCHULI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER IN CRL OP(MD) No.11112 of 2022 Date :30/06/2022 vsd MK/PN/SAR.II/07.07.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2