Palanisamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Palanisamy
2. Vellaisamy
3. Karuppaiya
4. Rasu
5. Selvaraj
6. Adaikkan
7. Thangapandi
8. Pitchaimani
9. Muthukumar @ Muthu
10. Meenachi
11. Ponnumani @ Podhumani
12. Malliga
13. Sembayee
14. Anjalai
15. Murugesan
16. Velusamy
17. Valli
18. Gomathi
19. Chinnammal @ Kavitha
20. Saroja @ Ponmani
21. Veerammal
22. Chellakannu @ Sellakannu ... Petitioners/Accused No.1 to 22 Vs State Rep.by The Inspector of Police, Puthanatham Police Station, Trichy District.
Crime No.106 of 2022.
... Respondent/Complainant For Petitioners : M/s.K.Arunraj, 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.106 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under 1/3
Sections 147, 148, 447, 427 and 506(ii) IPC, in Crime No.106 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant lodged a complaint stating that there was civil dispute between the defacto complainant and the accused party. Because of the above said issue, on 13.08.2022 the accused persons unlawfully assembled caused and damaged to the boundary stones of the property and also criminally intimidated him. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is civil dispute between the parties. The injured sustained simple injuries and discharged from the hospital. He would further submit that the damage caused is worth about Rs.47,000/-.
5.Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and the injury is simple in nature, 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 Judicial Magistrate, Manaparai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall deposit a sum of Rs.47,000/- (Rupees Forty Seven Thousand only) to the credit of Crime No.106 of 2022 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/- 02/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, MANAPARAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, PUTHANATHAM POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-9549[I] dated 02/09/2022 )
ORDER
IN CRL OP(MD) No.15276 of 2022 Date :02/09/2022 TRP RS/VRS/SAR.2 (14.09.2022) 3P-6C 3/3