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Madras High CourtCRL OP(MD)/13995/2022granted

Rajalakshmi v. The Inspector Of Police

2022-08-23Honourable Mr Justice G.Ilangovan2 pages

Crl.OP.No.13995 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.13995, 14122 of 2022 Rajalakshmi ... Petitioner/Accused No.3 in Crl.OP.No.13995 of 2022 Ranjith ... Petitioner/Accused No.1 in Crl.OP.No.14122 of 2022 Vs The State rep.by The Inspector of Police, Sempatti Police Station, Dindigul District.

Crime No.145 of 2022.

... Respondent/Complainant In both Petitions In Both Petitions:

For Petitioners : M/s.VIKRAM.S, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime No.145 of 2022 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 06.07.2022 for the alleged offence under Sections 294(b), 323, 324, 506(i) IPC @ 294(b), 323, 324, 302, 506(ii) IPC in Crime No.145 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to property dispute between the parties, on 19.04.2022 at about 11.00PM, the accused persons abused the defacto complainant's sister with filthy language, it was questioned by the defacto complainant and his mother, over which, all the accused persons assaulted them with wooden log and also threatened them with dire consequences. Hence the complaint, the injured died.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. Both the parties are relatives and there was a https://www.mhc.tn.gov.in/judis 1/2

Crl.OP.No.13995 of 2022 property dispute between them. The co-accused was already enlarged on bail as per the order of this Court in Crl.OP(MD)No.13196 of 2022, dated 21.07.2022. Hence, prays for bail. 4.The learned Additional Public Prosecutor submitted that there was a property dispute between the parties, over which, the present occurrence took place. The petitioners are first and third accused in this case. The petitioners are not having any previous case at their credit.

5.In this case, the co-accused was already enlarged on bail. The petitioners also standing on the same footing. Hence, considering the facts and circumstances of this case and the property dispute between the parties, the petitioners are not having any bad antecedents and also the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Aathur, Dindigul District, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 23/08/2022 / TRUE COPY / 23/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, AATHUR, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, MADURAI. 4 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL. 5 THE INSPECTOR OF POLICE, SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

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

ORDER IN CRL OP(MD) No.13995 of 2022 Date :23/08/2022 PNM SA/VR/SAR.3/23.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2