Thangaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Thangaraj

2. Pothumponnu

3. Dineshkumar

4. Karnan

5. Vanitha ... Petitioners/Accused Rank Not Known Vs The State Rep. By, The Inspector of Police, Palamedu Police Station, Madurai District.

(In Crime No.110/2022).

... Respondent/Complainant For Petitioner : M/s.Gopala Krishnan T, 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.110 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A2, A1, A5, A4 & A3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b) and 323 IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.110 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant lodged a complaint stating that there was a trouble between the de1/3

facto complainant's daughter and in-laws. Over the above said issue, in 2017, a case was registered and later, that was withdrawn by the de-facto complainant's daughter. After that, again at the instigation of in-laws, the trouble has been made by the accused persons, they caused assault, abused and criminally intimidated the de-facto complainant's daughter. Over which, the present FIR has been registered.

3.A counter FIR has been registered on the basis of the complaint given by the second accused, namely, Thangaraj against the de-facto complainant and others wherein, he has stated that they are neighbours and the son of the de-facto complainant waylaid the accused persons, they were assaulted. Over which, the case in Crime No.109 of 2022 was registered against the de-facto complainant party.

4.Since the case in counter and there was no previous previous enmity except the above said small petty issue, this Court is inclined to grant anticipatory bail to the petitioners. 5.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 Court, Vadipatti, Madurai, 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 on every Saturday at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 05/08/2022 / TRUE COPY / /08/2022 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.

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TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, PALAMEDU POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12624 of 2022 Date :05/08/2022 sji USK/PN/SAR-I/16.08.2022/3P/5C 3/3