Subramani @ Subramaniyan v. The Inspector Of Police

CRL OP(MD). No.14138 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14138 of 2022 Subaramani @ Subramaniyan ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No. 208 of 2022).

... Respondent/Complainant For Petitioner : M/s.Anantha Murugan. S.M, 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.208 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 341, 294(b), 323, 307 and 506(ii) IPC in Crime No.208 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to the land dispute between the parties on 03.05.2022 at about 8.50 pm, when the defacto complainant was coming into his house, the petitioner and other accused attacked the defacto complainant with Aruval and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the above said issue was continued between the parties and that the peace committee meeting was held on 20.05.2022 and the matter has been resolved between the parties at the village level. He would further submit that co-accused have already been released on bail by this Court on the basis of the above said peace committee meeting.

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

CRL OP(MD). No.14138 of 2022

5. Considering the nature of offence, the overt act attributed against the petitioner, the injured person has been discharged from the hospital and the co-accused have been released on bail, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Radhapuram, Thirunelveli District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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.

TO

1. THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.

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

3. THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.M.ANANTHA MURUGAN, Advocate ( SR-8247[I] dated 08/08/2022 )

ORDER

IN CRL OP(MD) No.14138 of 2022 Date :05/08/2022 trp USK/JM/SAR-III/16.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2