Amirtharaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Amirtharaj 2.Rosi Meri @ Rosy Mary 3.Thaveethu Meri @ Thaveethu Mary ... Petitioners/Accused No.1to3 Vs State Rep.by The Inspector of Police, Samayapuram Police Station, Trichy District.

Cr.No.167/2022.

... Respondent/Complainant For Petitioners : M/s.Ramsundarvijayraj.S, 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.167/2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.167 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was pathway dispute between the defacto complainant party and the accused persons. Because of that enmity, on 25.06.2022 at about 06.30 a.m, when the defacto complainant was returning to his house, the accused person came there and assaulted him with the stone and wooden log. He was also criminally intimidated by them. Hence, the present case has been registered against them.

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 the injured was discharged from the hospital and no previous case is pending against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

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4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured sustained only simple injury and discharged from the hospital on 28.06.2022 and no bad antecedent is reported against the petitioners. 5.Considering the facts and circumstances of the case and also considering the injured was discharged from the hospital and no bad antecedents 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 Judicial Magistrate No.III, Tiruchirappalli, 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/- 28/07/2022 / 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.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUCHIRAPPALLI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-7812[I] dated 28/07/2022 )

ORDER

IN CRL OP(MD) No.13663 of 2022 Date :28/07/2022 DSS RS/JM/SAR.4 (17.08.2022) 3P-6C 3/3