Madras High CourtCRL OP(MD)/13948/2022granted

Palaniyandi v. The Inspector Of Police

2022-08-02Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13948 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13948 of 2022

1. Palaniyandi

2. Muthulakshmi

3. Karthick ... Petitioners/Accused 1 to 3 Vs The State rep.by The Inspector of Police, Kulithalai Police Station, Karur District.

Crime No.407/2022.

... Respondent/Complainant For Petitioner : M/s.ARAVIND RAJ.R, 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.407/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(i) IPC and Section 4 of TNPHW Act, in Crime No.407 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that on 27.07.2022 at about 9.30 am the defacto complainant's two daughter were grazing the cattle in the property belongs to one Palaniyandi, the accused persons tried to assault his daughters. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13948 of 2022

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous case against the petitioners and injured has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and the injury is simple in nature, 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.II, Kulithalai, 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/- 02/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

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

+1. CC to M/S.ARAVIND RAJ R Advocate SR.No.35449 (F) Date:02/08/2022.

ORDER IN CRL OP(MD) No.13948 of 2022 Date :02/08/2022 TRP SA/VR/SAR.4/11.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2