P.Govindaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. P.Govindaraj

2. G.Lakshmi ... Petitioners/Accused Nos.1&2 Vs The State rep.by, The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur, Crime No.247 of 2023.

... Respondent/Complainant For Petitioner : M/s.Gokul Raj.S, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/4

PRAYER :- For Anticipatory Bail in Crime No.247 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) of I.P.C r/w Section 4 of Tamil Nadu Prohibition of Woman Harassment Act, in Crime No.247 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that over the property issue between the defacto complainant and the accused persons, trouble has arisen. On that day (i.e.,) on 30.05.2023, the defacto complainant was assaulted by the accused persons. He sustained injury. Over which the present case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. 2/4

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to the above said property issue only, there was a quarrel between the parties. Thereby, the defacto complainant sustained injury. After taking treatment, he was discharged from the hospital. However, the petitioners are having no bad antecents.

5. Considering the nature of offence, the overt act attributed against the petitioners and the injured person has 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 Judge, Additional Mahila Court, Thanjavur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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.

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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/- 19/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO 1.THE JUDGE, ADDITIONAL MAHILA COURT, THANJAVUR. 2.THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR.

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

+1. CC to M/S.GOKUL RAJ.S Advocate SR.No.11033

ORDER

IN CRL OP(MD) No.13154 of 2023 Date :19/07/2023 RK /BUC(28/07/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4