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Madras High CourtCRL OP(MD)/14285/2022granted

R.Shankar @ Veeraiah v. The Inspector Of Police

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

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

1. R.Shankar @ Veeraiah

2. Viji

3. Raja @ Rajadurai ... Petitioners/Accused No.1,2 and 3 Vs The State Rep. By, The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

Crime No.189 of 2022.

... Respondent/Complainant For Petitioners : Mr.Alagia Nambi R, 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.189 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners are facing charges under Sections 294(b), 354, 323 and 506(i) IPC in Crime No.189 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant is owning land in Patta No.923 1A. On 07.06.2022 at about 12.00 noon, when he and his wife have planted coconut trees in the aforesaid land, the accused persons, who are the close relatives, came there, abused him in filthy language, assaulted him with wooden stick and tried to outrage the modesty of his wife. She was also 1/3

assaulted by the accused persons. Over the aforesaid occurrence, CSR.No.173 of 2022 was registered and after that, on 29.07.2022, the present case has been registered.

3.The learned Government Advocate (Crl.side) for the respondent would submit that both the parties are the close relatives. Because of some petty issue, trouble has arisen between them. 4.Since the accused persons are claiming some right over the aforesaid property situated in Patta No.923 1A and no previous bad antecedents is reported against them, this Court is inclined to grant anticipatory bail to the petitioners.

5.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, Thirumayam, Pudukottai District, 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 once in 15 days until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 08/08/2022 / TRUE COPY / /08/2022 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, THIRUMAYAM, PUDUKOTTAI DISTRICT.

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

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3. THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1 CC to M/s.R.ALAGIA NAMBI, Advocate ( SR-8250[I] dated 08/08/2022 )

ORDER

IN CRL OP(MD) No.14285 of 2022 Date :08/08/2022 mm USK/JM/SAR-II/24.08.2022/3P/6C 3/3