Karuppaiah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Karuppaiah
2. Sankar @ Ravisankar
3. Dhinesh Pandiyan @ Dhineshpandi
4. Kasivisvanathan
5. Viswanathan
6. Satheesh @ Sathishkumar
7. Rajendran
8. Balasingam @ Balasivalingam
9. Bose
10. Prabhu ... Petitioners/Accused No.1 to 10 Vs The State rep.by, The Inspector of Police, Devakottai Town Police Station, Sivagangai District .
(Crime No.166/2022) ... Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran, 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.166/2022 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners are facing charges under Sections 143, 294(b), 353 and 506(2) IPC in Crime No.166 of 2022 on the file of the respondent police.
2.The case of the prosecution is that over the celebration of the temple issue, two groups of people in the village were fighting against each other. On 29.07.2022, as per the order of this Court, the Office Bearers of the temple were selected for the purpose of enforcing the aforesaid Court order. A demand was made by the accused persons and that was objected by the concerned Executive Officer and other group of people. In spite of the classification made by the revenue officials and the police, the accused persons made threat and prevented the Court officials from discharging their official duty and abused them in filthy language, over which the present FIR has been registered.
3.The learned Government Advocate (Crl.side) for the respondent would submit that because of the aforesaid celebration of the temple festival, two groups of people were fighting against each other, in respect of which trouble has arisen. He would further submit that counter case was also registered in Crime No.165 of 2022 for the offences punishable under Sections 143, 294(b), 353 and 506(2) IPC. 4.Since it is a case and counter case and in view of the aforesaid dispute between the two groups of people, 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, Devakottai, 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/- 18/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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.
TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate (SR-8734[I] dated 18/08/2022)
ORDER
IN CRL OP(MD) No.14885 of 2022 Date :18/08/2022 MM MK/VR/SAR.IV/26.08.2022/2P/6C 3/3