Madras High CourtCRL OP(MD)/14117/2022granted

C.Arunachalam v. The Inspector Of Police

2022-08-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. C.Arunachalam

2. Venkatesan @ Venkateshwaran

3. Sudhakar @ Suthagar

4. Muthu @ Muthukumar

5. Thilagavathi ... Petitioners/Accused Rank No.1 to 5 Vs The State Rep. By, The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

(Crime No. 247 of 2022).

... Respondent/Complainant For Petitioner : Mr.K.Dinesh, Advocate for M/s.Ramanathan.B, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 247 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 offences punishable under Sections 147, 294(b), 342, 427, 323 and 506(ii) I.P.C. and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.247 of 2022 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the petitioners herein are tenant of one Arumugasamy, who is the son in law of the above said owner, making frequent trouble pressuring the petitioner to vacate the house. Over the above said issue on 08.07.2022 when the defacto complainant was sleeping in the house, the accused persons broke open the door and caused damage to the syntax tank etc., Hence, the complaint.

3. The learned counsel for the petitioners submitted that in respect of the very same occurrence case has been registered in Crime No.246 of 2022, which was earlier to the present FIR and only as a counter blast the present case has been registered. He would further submit that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and case in counter and the injured has been discharged from the hospital and the damage caused is worth about Rs.10,000/-.

5. Considering the fact it is a dispute between the landlord and tenant and that it is a case and case in counter and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with some conditions.

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, Tenkasi, 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 on further condition that the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.247 of 2022 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/- 24/08/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1. THE JUDICIAL MAGISTRATE, TENKASI.

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

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

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

ORDER

IN CRL OP(MD) No.14117 of 2022 Date :24/08/2022 trp USK/VR/SAR-IV/08.09.2022/3P/5C 3/3