Rajapandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Rajapandi,
2. Kalaivannan,
3. Padaippan,
4. Sankar,
5. Arun,
6. Anand,
7. Thiruppathi,
8. Kaviyarasu,
9. Vallarsan,
10. Rathinavel,
11. Prabhakaran,
12. Thirumoorthy,
13. Arumugam,
14. Kumar,
15. Muthu ... Petitioners/Accused Nos.1,3,6 to 18 Vs State Rep.by The Sub Inspector of Police, M.Chatrapatti Police Station , Madurai District.
(Crime No.86 of 2023).
... Respondent/Complainant For Petitioner :
Mr.Aayiram K.Selvakumar, Advocate for Mr.Sethupathi.S, Advocate.
For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.86 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/4
The petitioners/Accused No.1, 3, 6 to 18 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294 (b), 323, 324, 342, 452, 427, 307 of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.86 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous motive over conducting village festival, on 24.06.2023, at about 21.30 hour near defacto complainant's house, the petitioners have assembled unlawfully assaulted the defacto complainant with wood and sticks, scolded in filthy languages intimidated the defacto complainant and others with dire consequences. Hence, the complaint.
3. When the matter was taken up for hearing on 21.07.2023, it was informed to the Court that there was group clash between two groups in Village on the eve of Village temple festival. Out of which five cases have been registered. Three cases have been registered against these petitions. Two cases have been registered against counter parties. After that there was amicable settlement.
4. The counter parties have been granted anticipatory bail by the learned Principal District Judge, Madurai, with a condition to stay at Virudhunagar and another party namely the petitioner was directed to stay at Dindigul. The respondent is present and stated that so far no such information was furnished to them with 2/4
regard to the above said terms. He would further submit that both side vehicles have been damaged. They have arrived terms of compromise at the Village Level itself.
5. In view of the above said development, this Court is inclined to grant anticipatory bail to the petitioners with conditions.
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 No.V, Madurai, 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/- 02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUB INSPECTOR OF POLICE M.CHATRAPATTI POLICE STATION , MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13192 of 2023 Date :02/08/2023 RS/VR/SAR-(18.08.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4