Muthumari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muthumari ... Petitioner/Accused 2 Vs The State rep.by, The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

Crime No.141 of 2023..

... Respondent/Complainant For Petitioner : M/s.Siva Ilayaraja S, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.141 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent 1/4

police for the alleged offence punishable under Sections 294(b), 323, 506(ii) of IPC and Section 4 of TNPWH Act, in Crime No.141 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to land dispute, the petitioner along with another accused person, made assault upon the defacto complainant and abused her in filthy language. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the first accused in this has been arrested and released on bail. This petitioner is A2. There is land dispute between the parties. There is no previous case against the petitioner. The injured person has been discharged from the hospital.

5. Considering the nature of offence, the injured person has been discharged from the hospital, there is no previous case against the petitioner and the co-accused have been released on bail, this Court is inclined to grant anticipatory bail to the 2/4

petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3.THE INSPECTOR OF POLICE, PARTHIBANOOR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.SIVA ILAYARAJA S Advocate SR.No.36794(f)

ORDER

IN CRL OP(MD) No.14051 of 2023 Date :01/08/2023 RK /VR(07/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4