Azhagumalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Azhagumalai,

2. Sakkanan,

3. Alakar,

4. Mallika,

5. Kilaviyammal,

6. Kilavi, ... Petitioners/Accused Nos 1 to 5 & 7 Vs State Rep.by The Inspector of Police, Kattanoor Police Station, Virudhunagar District.

Crime No.26 of 2022..

... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan,Advocate. For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.26 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 Sections 147, 148, 294(b), 354, 323, 324 and 506(ii) I.P.C. and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.26 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 she is having a property in the village. On 13.08.2022 by 7.00 am he went to the property and at 1/3

that time, he found that the accused viz., Sakkannan and Alagumalai illegally stolen power from EB connection, when that was questioned by the defacto complainant, they have scolded her in filthy language and also criminally intimidated and the same was intimidated to the Electricity Department. Over the above said fact, on the same day, when the defacto complainant was in house, the accused persons came and picked up quarrel caused assault and also tried to outrage the modesty of wife. In which several persons got injured. Hence, the complaint.

3. The learned counsel for the petitioners submitted that this is a case and case in counter and the counter has been registered in Crime No. 25 of 2022 against the defacto complainant. He would further submit that 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 this is a case and case in counter and the injured has been discharged from the hospital. He would further submit that first accused in the counter case was already released on bail and the investigation is pending.

5. Considering the fact that this petitioners have also suffered injury in the above said occurrence and that this is case and case in counter and that the accused in the counter case has already been enlarged on bail, 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, Thiruchuli, Virudhunagar District, 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/- 25/08/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, THIRUCHULI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE KATTANOOR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-9093[I] dated 26/08/2022

ORDER

IN CRL OP(MD) No.15270 of 2022 Date :25/08/2022 trp PKP/VR/SAR-4/08.09.2022/3P/6C 3/3