Baranitharan @ Paranidharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12451 of 2022

1. Baranitharan @ Paranidharan

2. Dhinakaran

3. Vithyasakar ... Petitioners/Accused No.1 to 3 Vs State rep.by The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

(Crime No.444 of 2022).

... Respondent/Complainant For Petitioners : M/s.Vishnuvarthanan P.M, 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.444 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 341 and 506(ii) of I.P.C, in Crime No.444 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant is working as teacher in Government aided Elementary School in Mattiyur. on 09.06.2022, at about 10.30 a.m, when the defacto complainant was attending in the above said School, the accused person came there in two wheeler. They criminally intimidated, abused him in filthy language and also threatened her to withdraw

the case that has been filed by him before the concerned Court. Based upon the above said complaint, present case has been registered.

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 no one was sustained in this case and no previous case is pending against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submitted that insofar as the first petitioner is concerned, he is having 3 previous cases, which are also criminally intimidation, assaulted etc., Among 3 cases, 2 cases have been closed as 'mistake of fact' and 1 case is disposed of. The nature of dispose is not clear on record. He further submitted that there was continuous trouble between two groups of people with regard to the administration of the above said School.

5.Considering the facts and circumstances of the case and also considering the fact that it is a long standing issue between the parties, no one has sustained injury and no bad antecedents is reported against the petitioners, 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 Principal District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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/- 11/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) 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 PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR..

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, THIRUPPANANDHAL POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.VISHNUVARTHANAN P.M Advocate SR.No.7005

ORDER

IN CRL OP(MD) No.12451 of 2022 Date :11/07/2022 SP/SVR/SAR III/18/07/2022/3P/6C