N.Anantharajan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15777 of 2022
1. N.Anantharajan
2. N.Jeya Chintha ... Petitioners/Accused No.2 & 3 Vs State rep.by The Sub Inspector of Police, Kadayam Police Station, Tirunelveli District (Crime No.247 of 2022).
... Respondent/Complainant For Petitioners : M/s.Pandi Durai.J, 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.247 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 294(b),352, 506(2) of IPC and Section 4 of TNPHW Act, in Crime No.247 of 2022 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that one Nadarajan is the first accused herein. He had two children namely Jeyarajan and Anandharajan. The above said Anandharajan contacted the defacto complainant over phone and informed that he is in love with his daughter Suveena and requested him to arrange marriage for her
daughter with him. When he refused he gave trouble to him and also criminally intimdated him. Further on 17.08.2022 when the defacto complainant was in his house along with his family, at about 9.00 am.,the accused persons came to the house of the defacto complainant abused them in filthy language and also criminally intimidated him. Based on the above said occurrence, a case has been registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.Side) submitted that the above said trouble was created by the first accused and he was let on bail by the learned Judicial Magistrate, Ambasamdrum in Crl.M.P.No.3991 of 2022 on 24.08.2022
5. Considering the fact that the main accused in this case was granted bail by the learned Judicial Magistrate, Ambasamudram and also the fact that it is a petty quarrel between the parties and the fact that there is no previous bad antecedents against these petitioners, 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 Ambasamudram Tirunelveli 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/- 01/09/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV
TO
1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE SUB INSPECTOR OF POLICE, KADAYAM POLICE STATION, TIRUNELVELI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.PANDI DURAI.J Advocate SR.No.9495
ORDER
IN CRL OP(MD) No.15777 of 2022 Date :01/09/2022 SP/SVR/SAR I/08/09/2022/3P/6C