C.Subbiah v. The Inspector Of Police

CRL OP(MD) No.14115 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.14115 of 2022 1 C.SUBBIAH 2 POTHUMPONNU ... PETITIONER/A1 & A2 Vs STATE REP.BY THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.100 OF 2022.

... RESPONDENT/COMPLAINANT For Petitioners : M/S.A.ABDUL WAHAB, Advocate For Respondent : MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.100 OF 2022 ON THE FILE OF THE RESPONDENT POLICE.

(CAUSE TITLE, PRAYER AS WELL AS THE OFFENCES HAVE BEEN AMENDED VIDE ORDER OF THIS COURT DATED 23.08.2022) ORDER : The Court Made the following order :- The petitioners are facing charges under Sections 294(b) and 324 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1988, in Crime No.100 of 2022 on the file of the respondent police.

2.The case of the prosecution, as per the averments that have been made by the defacto complainant, is that she and the petitioners are the neighbours and because of the issue of dog fight, trouble has arisen between them. She was abused in filthy language and was also caused assault with wooden log, over which the present FIR has been registered.

3.The learned counsel for the petitioners would submit that in respect of the very same occurrence, the petitioners sustained injury, over which the case in Crime No.99 of 2022 was also registered, which is in earlier point of time. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.14115 of 2022 4.The learned Government Advocate (Crl.side) for the respondent would submit that the injured has been discharged from the hospital on the very same day itself.

5.Considering the fact that both of them are the neighbours, the trouble has arisen between them over the petty issue and also no previous bad antecedents is reported against the petitioners, 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, Karaikudi, 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 am., 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 shall stand dismissed.

sd/- 23/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER IN CRL OP(MD) No.14115 of 2022 MM Date :23/08/2022 RS/VR/SAR.4 (09.09.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2