Madras High CourtCRL OP(MD)/14011/2022granted

M.Ravindran v. The Inspector Of Police

2022-09-01Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14011 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14011 of 2022

1. M.Ravindran

2. M.Muniappan

3. Muruheswari ... Petitioners/Accused Nos.1 to 3 Vs The State rep.by, The Inspector of Police, Nallatinputhur Police Station, Thoothukudi District (Crime No.164 of 2022) ... Respondent/Complainant For Petitioners :

M/s.Prabu.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.164 of 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, 324, 506(ii) I.P.C, in Crime No.164 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to pathway dispute, on 29.07.2022 at about 03.30PM, when the defacto complainant was levelling the disputed land, the accused persons came there, quarreled with him. They abused and assaulted him with wood and stick and also threatened with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners submitted that it is a case in counter, based upon the complaint given by the petitioners, a counter case was registered in Crime No.165 of 2022 https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14011 of 2022 against the defacto complainant party and that injured was discharged from the hospital. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based upon the complaint given by the petitioners, case in counter was registered in Cr.No.165 of 2022 against the defacto complainant party and in both the cases injured were discharged from the hospital. The A1, A2 are having previous cases, for the offence under Section 145 Cr.P.C. 5.Though the A1, A2 are having previous cases only for the offence under Section 145 Cr.P.C, considering the pathway dispute between the parties, that in both the cases injured were discharged from the hospital and it is a case in counter, 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.1, Kovilpatti, 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/- 01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE NALLATINPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.14011 of 2022 Date :01/09/2022 MK/VR/SAR.I/09.09.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2