P.Rajamani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11303 of 2022
1. P.Rajamani
2. Eswari
3. Priyanka
4. Mythili
5. Santhosh ... Petitioners/Accused Rank Not Known Vs The Inspector of Police, S.S.Colony Police Station, Madurai City.
(Crime No.1079 of 2022).
... Respondent/Complainant For Petitioners : M/s.Manimaran P, 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. 1079 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused (Rank Not Known), apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324, 506(2) & Section 4 of Tamil Nadu Women Harassment Act, in Crime No.1079 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are neighbours. On 14.06.2022, because of the
quarrel between two dogs belong to the parties, trouble arose between them. Due to which, there was wordy altercation. The petitioners said to have abused the defacto complainant with filthy language and attacked him with hands and knife and caused injury. 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. He further submitted that it is a case and case in counter. The injured in both sides discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that because of the quarrel between two dogs, trouble has arisen between the parties. Which resulted, there was exchange of blows against each other. In which, both the groups sustained injury and discharged from the hospital. It is a case and case in counter. Counter case has been registered in Crime No.1080 of 2022.
5. Considering the nature of offence, the overt act attributed against the petitioners, the injured persons have been discharged from the hospital and it is a case and case in counter, 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.5, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) common surety 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/- 24/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS
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.5, MADURAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, S.S. COLONY POLICE STATION, MADURAI CITY (CRIME NO. 1079 OF 2022).
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.MANIMARAN P Advocate SR.No.6127
ORDER
IN CRL OP(MD) No.11303 of 2022 Date :24/06/2022 SP/JM/SAR IV/01/07/2022/3P/6C