S.Sudalai v. The Inspector Of Police
CRL OP(MD). No.15834 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15834 of 2022
1. S.Sudalai
2. Sathish
3. T.Sudalai
4. Zakir Khan ... Petitioners/Accused (Rank Not Known) Vs The State rep.by, The Inspector of Police, Sengottai Police Station, Sengottai, Tenkasi District.
Crime No.255 of 2022. ... Respondent/Complainant For Petitioners :
Mr.Rajkumar P, Advocate.
For Respondent :
Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.255 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), 323, 324 and 506(2) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.255 of 2022 on the file of the respondent police.
2.The case of the prosecution, as per the defacto complainant's version, is that due to the land dispute between the parties, on 20.08.2022 at about 06.00 pm., when he was standing near the aforesaid land, the accused persons came there and tried to vacate the motor. That was objected by the defacto complainant stating that he only sold the land and not the motor. The motor belongs to the defacto complainant, whereas the land belongs to his brother, which was sold by him. Over the aforesaid occurrence, they about to give the complaint and at that time, the accused persons came there, caused trouble and abused him in filthy language. In the aforesaid assault, four persons got injured including the wife, daughter and son. At the intervention of the neighbours, all the accused persons fled away from that place. Seeking anticipatory bail, this petition has been filed https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.15834 of 2022 3.The learned Government Advocate (Crl.side) for the respondent would submit that only with regard to the quarrel that arose between the parties over the removal of the aforesaid motor, the aforesaid occurrence said to have taken place, all the injured has been treated as outpatient and no previous bad antecedent is reported against the petitioners.
4.In the facts and circumstances of the case, 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, Sengottai, 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.
sd/- 02/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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, SENGOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE SENGOTTAI POLICE STATION, SENGOTTAI, TENKASI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.RAJKUMAR P Advocate SR.No.9637. ORDER IN CRL OP(MD) No.15834 of 2022 Date :02/09/2022 MK/SBN/SAR.II/12.09.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2