Jeyamani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Jeyamani 2.Muniyandi ... Petitioners/Accused Nos.1 and 2 Vs State represented by The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.
... Respondents For Petitioners :
M/s.C.Ezhilarasu, 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.337 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner / Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 352, 506(i) of IPC in Crime No.337 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 19.06.2023 at about 6.30 p.m., a wordy quarrel arose between the defacto complainant and the petitioners / accused persons 1/3
over a construction of house in the property of the defacto complainant. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent. They have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. Therefore, seeks for the relief of anticipatory bail.
4. The learned Additional Public Prosecutor would submit that it is a case, case in counter. A counter case in Crime No.338 of 2023 has been registered against the defacto complainant for the offences under Sections 147, 294(b), 323 and 506(i) of IPC.
5. Taking into consideration the facts and circumstances of the case and also the fact that it is a case, case in counter, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are directed to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate Court No.II, Kumbakonam, 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 2/3
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/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn To 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE KUMBAKONAM TALUK POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.EZHILARASU, Advocate ( SR-11273[I] dated 26/07/2023 ) ORDER IN CRL OP(MD) No.13680 of 2023 Date :26/07/2023 RS/MMS/SAR-(02.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3