Pandi @ Pandikumar v. The Inpector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11996 of 2022 Pandi @ Pandikumar ... Petitioner/Accused No.2 Vs State rep.by The Inpector of Police, Checkanurani Police Station, Madurai District.
Crime No.216 of 2022).
... Respondent/Complainant For Petitioner : M/s.Mahendrapathy S, 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.216 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.216 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to the land dispute between the defacto complainant and the father of the accused person, on 12.06.2022, at about 04.30 p.m, there was quarrel between them. In that occurrence, the accused persons said to have abused, insulted and defamed her daughter. Because of that, the daughter of the defacto complainant consumed pesticide and tried to commit suicide and she was taken to the hospital. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that injured was discharged from the hospital and the petitioner is not having any previous case. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that in pursuance of the above said land dispute between two neighbours, trouble arose between them. No bad antecedents is reported against the petitioner and injured person has been discharged from the hospital on 20.06.2022.
5. Considering the facts and circumstances of the case and also considering the fact that it is a dispute between two neighbours, the injured was discharged from the hospital and no bad antecedents is reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Usilampatti on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioner 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/- 05/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.II) 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.II, USILAMPATTI.
2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INPECTOR OF POLICE, CHECKANURANI POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11996 of 2022 Date :05/07/2022 SP/VR/SAR II/11/07/2022/3P/5C