Maharajan v. The Insepctor Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Maharajan,
2. Madasamy, ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Insepctor of Police, Vijayanarayanam Police Station, Tirunelveli District.
Cr.No.86/2023.
... Respondent/Complainant For Petitioners : M/s.Ponpandian.M, 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. 86/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) and 4 of 1/4
TNPHW Act, in Crime No.86 of 2023, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to property dispute, on 18.06.2023, the defacto complainant's husband went to the disputed property, at that time, the petitioners along with other accused abused the defacto complainant's husband in filthy language and also attacked him with aruval and caused injurious to him. Hence, the complaint.
3.The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that the second petitioners and the defacto complainant are father-in-law and son-in-law.
4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the petitioners and the defacto complainant are close relatives. 5.Considering the facts and the circumstances of this case and also considering the relationship between the parties, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Nanguneri, 2/4
Tirunelveli District, and on his executing 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 on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 10/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3/4
THE INSEPCTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.YESU SUBANANTH, Advocate ( SR-10442[I] dated 10/07/2023 )
ORDER
IN CRL OP(MD) No.12508 of 2023 Date :10/07/2023 PKP/MMS/SAR- /24.07.2023/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4