Murugavel 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. Murugavel,
2. Narasinga Perumal (Karuppu) ... Petitioners/Accused No.1&2 Vs The State Rep. By, The Inspector of Police, Andipatti Police Station, Andipatti, Theni District.
(Crime No.277/2022)..
... Respondent/Complainant For Petitioners : Mr.Gnanasekaran K, 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.277/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners are facing charges (*)under Sections 294(b), 323 and 506(1) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 1998, in Crime No.277 of 2022 on the file of the respondent police.
2.The case of the prosecution, as per the defacto complainant's version, is that on 18.08.2022 at about 09.00 am., when she was in the shop, the accused persons came there and picked up quarrel over the amount that is to be paid in respect of the purchase of the flower. She was assaulted, criminally intimidated and was taken to the hospital, over which the present case has been registered. 1/3
3.The learned counsel for the petitioners would submit that it is a case and counter and in the counter case, the defacto complainant has been granted anticipatory bail in Cr.M.P.No.3130 of 2022 by the learned Principal Sessions Judge, Theni on 24.08.2022. Noting the fact that there was compromise reached between the parties even before the registration of the case in the police station, anticipatory bail was granted to the defacto complainant's party.
4.Now, even though the learned counsel for the defacto complainant would submit that the petitioners are making frequent trouble and conditions may be imposed upon them to stay away from the occurrence village, taking note of the fact that there was compromise reached between the parties even before the registration of the case in the police station, this Court is inclined to grant anticipatory bail to the petitioners.
5.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, Andipatti, Theni 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 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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. Consequently, connected miscellaneous petition is closed.
(*) AMENDED AS PER ORDER DATED 02.09.2022 OF THIS COURT IN CRL MP(MD) NO.10462/2022 IN CRL OP(MD) NO.15545/2022.
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, ANDIPATTI, THENI DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3. THE INSPECTOR OF POLICE, ANDIPATTI POLICE STATION, ANDIPATTI, THENI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2 CC to M/s.K.GNANA SEKARAN, Advocate (SR-9576[I] dated 02/09/2022 )
ORDER
IN CRL OP(MD) No.15545 of 2022 Date :02/09/2022 MM USK/VR/SAR-I/23.09.2022/3P/7C 3/3