Muruganantham v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muruganantham ... Petitioner/Accused No.1 Vs State Rep.by The Sub Inspector of Police, Navalpattu Police Stattion, Trichy District.
Crime No.149 of 2023..
... Respondent/Complainant For Petitioner : M/s.Muthukrishnan.S.,Advocate For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.149 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 324, 506(ii) of I.P.C, in Crime No.149 of 2023, on the file of the respondent police, seeks 1/4
anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that there was a land dispute between the parties, over which, on 01.07.2023 at about 07.00a.m., the accused had abused assaulted and threatened the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner submitted that there was a land dispute between the parties, over which, a false complaint has been foisted against him. On the basis of complaint given by the petitioner, a case in Crime No.150 of 2023, has been registered against the defacto complainant. Now, the injured has been discharged from the hospital and the petitioner is not having any previous case. Hence, prays to release the petitioner on anticipatory bail. 4.The learned Government Advocate (Crl.Side) submitted that there was a land dispute between the parties, a case and case in counter were registered against the parties. In this case, the injured has been discharged from the hospital and the investigation is not yet completed. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6.Taking into consideration the facts and circumstances of the case and considering the fact that it is a case and case in counter pending against the parties, 2/4
nature of land dispute pending against the parties and that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.III, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioner 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/- 20/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM 3/4
TO THE JUDICIAL MAGISTRATE NO.III TRICHY DISTRICT DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
THE INSPECTOR OF POLICE NAVALPATTU POLICE STATTION, TRICHY DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.MUTHUKRISHNAN, Advocate ( SR-11189[I] dated 24/07/2023 )
ORDER
IN CRL OP(MD) No.13289 of 2023 Date :20/07/2023 PKP/MMS/SAR- /29.07.2023/ 4P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4