Thangavel Pandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13456 of 2022
1. Thangavel Pand
2. Shanmugaraj
3. Pandi Kumar
4. Soundar Raj
5. Ayyanar @ Ayyanakumar ... Petitioners/Accused Rank 1,5,6,7 & 9 Vs State rep.by The Inspector of Police, Irukkangudi Police Station, Virudhunagar District.
(Crime No.60 of 2022).
... Respondent/Complainant For Petitioners :M/s.Vishnu J, Advocate.
For Respondent :Mr.P.Kottaichamy , Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.60 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 448, 294(b), 323, 354 and 506(i) of IPC r/w 4 of TNPHW Act, 2002 in Crime No.60 of 2022 on the file of the respondent police, seek anticipatory bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl.Side) appearing for the respondent.
3.The case of the prosecution is that the defacto complainant given a complaint stating that prior four months when the defacto complainant was waiting for bus in the bus stand at that time Thangavel pandi/A-1 came in a two wheeler and he misbehaved with her. The same was intimated to her husband and it was also reported to the police. Based on the above said occurrence on 12.06.2022 at 08.00 p.m., when the temple festival is going on all the accused persons came and assaulted the defacto complainant and criminally intimidated her. In the said occurrence four persons were injured. Based on the complaint preferred by the defacto complainant, this case has been registered.
4.The learned Government Advocate (crl. side) appearing for the respondent police submitted that due to previous motive between the defacto complainant and A-1 the present case has been registered. He further submitted that there is no bad antecedents against the accused persons and the injured were discharged from the Hospital. 5.Considering the facts and circumstances of the case and the nature of allegation levelled against this petitioners, this Court is inclined to grant bail to the petitioners, however, with stringent conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, and on their executing 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 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sd/- 04/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.
KSA
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, SATTUR, VIRUDHUNAGAR DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13456 of 2022 Date :04/08/2022 SP/JM/SAR IV/16/08/2022/3P/5C