S.Ilango 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. S.Ilango,

2. S.Baskar, ... Petitioners/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, Earvadi Dharga Police Station, Ramanathapuram District.

Crime No.119 of 2022..

... Respondent/Complainant For Petitioners : Mr.S.Malaikani, 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.119 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners are facing charges under Sections 294(b) and 506(1) IPC in Crime No.119 of 2022 on the file of the respondent police.

2.The case of the prosecution, as per the complaint that has been lodged by the defacto complainant, is that there is civil dispute between the accused persons and himself for about 35 years in respect of S.No.123. Writ Petitions have been filed before this Court and on the basis of the aforesaid order, the property was measured. On knowing the aforesaid measurement, the accused persons came there, picked up quarrel and abused him in filthy language, 1/3

over which the present FIR has been registered and the counter complaint has also been registered in Crime No.118 of 2022. 3.Reading of the counter complaint shows that in respect of the aforesaid measurement only, the aforesaid occurrence said to have taken place and no previous bad antecedent is reported against the petitioners.

4.Considering the fact that the aforesaid occurrence said to have taken place out of the civil issue and the property was measured in pursuance of the aforesaid order that has been passed by this Court, 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 No.II, Ramanathapuram, 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 once in a month ie., on the 1st Sunday of every English Calendar month 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.

sd/- 02/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE EARVADI DHARGA POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.S.MALAIKANI, Advocate ( SR-9566[I] dated 02/09/2022 )

ORDER

IN CRL OP(MD) No.15809 of 2022 Date :02/09/2022 PKP/VRS/SAR-2/14.09.2022/3P/6C 3/3