Madras High CourtCRL OP(MD)/15328/2022granted

Natarajan v. The Inspector Of Police

2022-09-01Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Natarajan,

2. Viswam @ Viswanathan,

3. N.Ravi @ Ravikumar,

4. G.Sankar,

5. K.Kamatchi,

6. S.Kannan,

7. K.Pandiyan, ... Petitioners/Accused Nos. 1 to 7 Vs State Rep.by The Inspector of Police, Fort Police Station, Trichy (Crime No. 1161 of 2022).

... Respondent/Complainant For Petitioners : Mr.Angusamy.V,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. 1161 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners are facing charges under Sections 147, 294(b), 448, 427 and 506(1) IPC in Crime No.1161 of 2022 on the file of the respondent police.

2.The case of the prosecution, as per the defacto complainant's version, is that he is running a shop in the property, which belongs to the temple and one Natarajan claiming that he is the managing trustee of the aforesaid temple caused trouble. He has also claimed money from the defacto complainant. The trouble continued right from the first week of April, 2002.

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3.On 30.07.2022 at about 10.30 pm., the electricity connection was disconnected and on 02.08.2022, at about 09.00 pm., the defacto complainant closed the shop. At about 10.30 pm., on the same day, the accused persons trespassed into the shop and caused damage. When that was intimated to him, he immediately visited the shop and was also criminally intimidated. Over the aforesaid occurrence, the case was registered.

4.The learned Government Advocate (Crl.side) for the respondent would submit that because of the aforesaid issue with regard to the landlord and tenant, trouble has arisen between the parties and these petitioners tried to vacate the defacto complainant forcibly. Over the aforesaid occurrence only, the present damage has been caused by the accused persons.

5.Now undertaking affidavit has been filed by the petitioners to the effect that they will not make any trouble to the defacto complainant. Placing the same on record, 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 No.I, Trichy, 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 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The petitioners must abide and comply with the aforesaid undertaking. If any deviation or violation is noticed, then the respondent police is at liberty to proceed against the petitioners in accordance with law. The petitioners shall also pay a sum of Rs.500/- to the credit of Crime No.1161 of 2022 before the learned Judicial Magistrate No.I, Trichy.

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 shall stand dismissed.

sd/- 01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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MM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE FORT POLICE STATION, TRICHY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.ANGUSAMY.V Advocate SR.No.42489(I)

ORDER

IN CRL OP(MD) No.15328 of 2022 Date :01/09/2022 PKP/VRS/SAR-2/13.09.2022/3P/6C 3/3