Chinnathambi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Chinnathambi

2. Veeraputhiran

3. Gobu

4. Mani @ Arumugam

5. Chellapandi

6. Karthick ... Petitioners/Accused No.1 to 6 Vs The State rep.by, The Inspector of Police, Serakulam Police Station, Thoothukudi District (Crime No. 32 of 2022).

... Respondent/Complainant For Petitioners : Mr.Suyambulinga Bharathi.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.32 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners are facing charges under Sections 147, 294(b), 342, 324 and 506 (i) IPC in Crime No.32 of 2022 on the file of the respondent police.

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2.The case of the prosecution, as per the complaint that has been lodged by the defacto complainant, is that on 07.08.2022 at about 05.00 am., his younger son, namely Lakshmana Pandian was found missing. At about 02.00 pm., on the same day, the accused persons came in a four wheeler and criminally intimidated him stating that their daughter, namely Indhumathi, was also found missing. Because of the aforesaid assault, he sustained simple injuries. At the intervention of the neighbours, all the accused persons fled away from that place. Based upon the aforesaid occurrence, now the case has been registered.

3.The learned Government Advocate (Crl.side) for the respondent would submit that because of the elopement of the son of the defacto complainant and the daughter of the 1st petitioner, trouble has arisen between the two groups of people. Regarding the elopement issue, a case in Crime No.251 of 2022 was also registered and so far, the son and the girl were not secured.

4.Considering the fact that the defacto complainant sustained only simple injuries, 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, Srivaikundam, 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 am., 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/- 23/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MM 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.

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TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3.THE INSPECTOR OF POLICE, SERAKULAM POLICE STATION, THOOTHUKUDI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14685 of 2022 Date :23/08/2022 RK/JM/SAR-II (02/09/2022) 3P/5C 3/3