Palaniyandi v. The Inspector Of Police
CRL OP(MD). No.14219 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14219 of 2022 Palaniyandi ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Jambunathapuram Police Station, Trichy District.
Crime No.116 of 2022.
... Respondent/Complainant For Petitioner : M/s.Arunraj.K, 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. 116 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, 294(b), 323, 355 and 506(ii) IPC in Crime No.116 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 31.07.2022 at 6.00 am, when the de facto complainant and his husband were travelling in two wheeler, the accused persons came in a Jeep in the opposite direction and tried to dash against the two wheller. In that process, they fell down and the accused Palaniyandi abused them in filthy language and also criminally intimidated them. Later, on the same day, they trespassed into the property, which was under dispute and un tied the cattle. When that was questioned by the defacto complainant, they joined together and caused assault and abused them in filthy language. Hence, the complaint.
3. The learned counsel for the petitioner submitted that this is a case and case in counter and there was a partition suit is pending before the Principal District Judge, Trichy. He would further submit that the petitioner is innocent and he has been falsely implicated in this case.
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4. The learned Government Advocate (Crl. Side) for the respondent police submitted that in the counter case de facto 1/2
CRL OP(MD). No.14219 of 2022 complainant was granted anticipatory bail by the Principal District Judge, Trichy in Crl.M.P.No.3465 of 2022 and the injured person has been discharged from the hospital.
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, Thuraiyur 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/- 17/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
trp TO 1.THE JUDICIAL MAGISTRATE, THURAIYUR.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3.THE INSPECTOR OF POLICE, JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.ARUNRAJ K Advocate SR.No.8738
ORDER
IN CRL OP(MD) No.14219 of 2022 Date :17/08/2022 RK/VR/SAR-IV(25/08/2022) 2P/6C https://www.mhc.tn.gov.in/judis 2/2