Thiruppathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12733 of 2023 1.Thiruppathy 2.Mukesh @ Mukesh Kannan ... Petitioners/Accused Nos.1 and 2 Vs The State, represented by The Inspector of Police, Mathur Police Station, Pudukottai District.

Crime No.80 of 2023.

... Respondent/Complainant For Petitioner : Mr.Dinesh Hari Sudarsan, 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.80 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the

respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) I.P.C., in Crime No.80 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that while the petitioners meet the defacto complainant in her office on 09.06.2023, who is none other than maternal uncle of the defacto complainant, the petitioners scolded the defacto complainant and pushed her down, due to which, she suffered pain. 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. Due to previous motive with regard to share of family properties and jewels, the false case has been foisted against the petitioners.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and counter case. The counter complaint has been given by these petitioners on 09.06.2023. In respect of the counter complaint, no enquiry has been undertaken so far.

5. Considering the nature of offence, it is the issue between the close relatives, it

is a case and counter case and the injured persons in both the cases have been discharged from the hospital, 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, Keeranur, Pudukkottai 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 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/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

indu TO 1 THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3 THE INSPECTOR OF POLICE MATHUR POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.K.ELANCHEZHIYAN, Advocate ( SR-10749[I] dated 14/07/2023 )

ORDER

IN CRL OP(MD) No.12733 of 2023 Date :14/07/2023 SS/BUC/25/07/2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023