Ajithkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Ajithkumar
2. Prabhakaran
3. J.Thaneswaran, (Wrongly Mentioned as Dhanush)
4. Rajeshkumar @ Koodappan ... Petitioners/Accused 5-8 Vs The State Rep. By, The Inspector of Police, Ettayapuram Police Station, Ettayapuram, Thoothukudi District.
Crime No.191 Of 2022.
... Respondent/Complainant For Petitioners: M/s.Samy K.K, 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.191 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.5 to 8, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC and Section 4 of Tamilnadu Prohibition of Women Act, in Crime No.191 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a civil dispute pending between the parties. On 18.06.2022 at about 10.00 a.m, The Village Administrative Officer and Surveyor came to the disputed land to measure the same. Due to which, there was a quarrel between them in which, the petitioners and others said to have attacked the defacto complainant with weapons and criminally intimidated her. Hence, the complaint.
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3. The learned counsel for the petitioners submitted that after registering the case, compromise was entered between the parties and both parties signed in the compromise memo and the same was also produced before this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that both parties compromised the matter.
5.Considering the facts and circumstance of the case and also considering the fact that both the parties have compromised the matter, 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.II, Kovilpatti, Thoothukudi 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/- 01/07/2022 / 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 NO.II, KOVILPATTI, THOOTHUKUDI DISTRICT.
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2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE INSPECTOR OF POLICE, ETTAYAPURAM POLICE STATION, ETTAYAPURAM, THOOTHUKUDI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.K.SAMY, Advocate ( SR-6441[I] dated 01/07/2022 )
ORDER
IN CRL OP(MD) No.11754 of 2022 Date :01/07/2022 vsg USK/SVR/SAR-IV/07.07.2022/3P/6C 3/3