Madras High CourtCRL OP(MD)/14413/2022granted

Chellakannu v. The Inspector Of Police

2022-08-11Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Chellakannu,

2. Ganesan,

3. Jaya,

4. Rajkumar,

5. Subbammal,

6. Rajkumari,

7. Ramuthayee, ... Petitioners/Accused Nos.1 to 5, 7 & 8 Vs State Rep by The Inspector of Police, Natham Poilce Station, Dindigul District (Crime No. 194 of 2022).

... Respondent/Complainant For Petitioner : M/s.Vijayanand.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. 194 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 offence punishable under Sections 147, 148, 447, 294(b), 323, 324, 354 and 506(ii) IPC in Crime No.194 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that one Palanisamy claimed two goats from the defacto complainant and when that was questioned, there was a trouble between the parties. Due to the said motive, on 1/3

25.04.2022 the petitioners and other accused trespassed into the defacto complainant's house and assaulted him with wooden log an the defacto complainant's wife has also sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted 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 due to the previous motive the above said occurrence has been occurred and this is a case and case in counter and the counter case has been registered in crime No. 193 of 2022 and the injured sustained simple injuries and discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and the injury is simple in nature, 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, Natham, 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.

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/- 11/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 2/3

1. The Judicial Magistrate, Natham, Dindigul District.

2. Do Through The Chief Judicial Magistrate, Dindigul.

3. The Inspector of Police, Natham Poilce Station, Dindigul District

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

ORDER

IN CRL OP(MD) No.14413 of 2022 Date : 11/08/2022 TR/PN/SAR-IV(17.08.2022) 3P 5C 3/3