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Madras High CourtCRL OP(MD)/11800/2022granted

A.Kannadasan v. The Inspector Of Police

2022-07-25Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11800 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11800 of 2022

1. A.Kannadasan,

2. K.Pandiameenal, ... Petitioners/Accused Nos.1 & 2 Vs State Rep.by The Inspector of Police, Thiruvengampathur Police Station, Sivagangai District (Crime No. 39 of 2022).

... Respondent/Complainant For Petitioner : M/s.Sevugaraja.R,Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 39 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.39 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to the property dispute, the first petitioner, who is the brother of the defacto complainant's husband and others came to the house of the defacto complainant and picked up quarrel with her and abused in filthy language and also assaulted her. 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 is a land dispute between the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11800 of 2022 parties and the injured sustained simple injuries and discharged from the hospital.

5. Since the allegation is with regard to the property, that was happened seven years back and the injured person has been discharged from the hospital, the injury is simple in nature, 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, Devakottai, Sivagangai 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/- 25/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE THIRUVENGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11800 of 2022 Date :25/07/2022 trp PKP/SVR/SAR-4/01.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2