Inigo v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12287 of 2023

1. Inigo

2. Manimekalai

3. Kaliyamoorthy.

4. Mohan @ Rajmohan ... Petitioners / Accused No.1 to 4 Vs The State through The Inspector of Police, Kallakudi Police Station, Trichy District.

(Crime No.123 of 2023).

... Respondent / Complainant For Petitioners : M/s.T.Leninkumar, Advocate For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.123 of 2023 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, 506(i) of I.P.C, in Crime No.123 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to property dispute, the accused persons picked up a quarrel with the defacto complainant and abused her with filthy language, assaulted with hands and also threatened her with dire consequences. Hence, the complaint.

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3.The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against them, due to the property dispute between the parties. In this case final report has been filed before the concerned Court. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that due to property dispute, there were three occurrences between the parties. The first occurrence was compromised by the village elders. The second occurrence was compromised at the Police station. This is the third occurrence, which is the subject matter of the complaint. In this case investigation has been completed and charge sheet also filed before the trial Court. Considering the nature of dispute and offence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Considering the nature of dispute between the parties and considering the stage of completion of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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, Lalgudi, 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.

8.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/- 06/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate, Lalgudi.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Kallakudi Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-10368[I] dated 07/07/2023 )

ORDER

IN CRL OP(MD) No.12287 of 2023 Date :06/07/2023 ED/DD/SAR- (13/07/2023) 3P 6C 3/3