G.Jegadheesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14062 of 2023 G.Jegadheesh ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

Crime No.51/2023..

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

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor For Intervenor : Mr.K.Chengiz Khan Advocate.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.51/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 13.07.2023 for the alleged offence under Sections 147, 148, 294(b), 323, 427, 506(ii) IPC @ 147, 148, 294(b), 323, 427, 506(ii), 109 of IPC and Section 3 of TNPPDL Act and Section 4 of TNPWH Act, in Crime No.51 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant lodged a

complaint stating that the accused used to pick up quarrel with him. On 30.04.2023 at about 2.30 p.m., when the defacto complainant along with his children and wife is in the house, the second accused namely Maruthu along with some unidentified and some identified persons numbering about several persons came there, tress- passed into the house and caused damages to the house hold articles, apart from two vehicles worth about Rs.5,000/-. When that was sought to be stopped, he was assaulted by them. By causing criminal intimidation, they went away from the place of occurrence. Hence, the case.

3.The learned counsel for the intervenor would make strong objection to the grant of bail, stating that over the removal of encroachment by discharging his official duty, this petitioner created problem, due to which, they gathered several people from several villages and caused the above said damage. At the time even six year old child got scared for her life and on panic, she went to neighbouring house. Still life threat exists at the hands of this petitioner. 4.The respondent police is present before this Court and would submit that during the course of investigation, involvement of several persons came to light. Some of them have been arrested and some of them yet to be arrested. Even picketing is going on in the Village, the petitioner has created problem in that village. 5.However, the learned counsel for the petitioner submitted that the petitioner is ready to stay away from the above said Village and also ready to deposit any

amount as imposed by this Court towards compensation to the defacto complainant. 6.Considering the above said undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner on condition of payment. Accordingly, the petitioner is directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) compensation to the defacto complainant directly. 7.On such payment, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Devakottai and on further condition that the petitioner shall stay away from his Village and report before the learned Judicial Magistrate No.I, Trichy, daily at 10.30 a.m.

until further orders. Apart from that, the petitioner shall file an undertaking affidavit to the effect that he will not indulge in such activities in future and will not make any trouble to the defacto complainant and others in future, while release on bail. sd/- 03/08/2023 / TRUE COPY / 03/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO 1 THE JUDICIAL MAGISTRATE DEVAKOTTAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE JUDICIAL MAGISTRATE NO.I TRICHY.

4 THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

6 THE INSPECTOR OF POLICE THIRUVEGAMPET POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.MALAIKANI S Advocate SR.No.37083(f)

ORDER

IN CRL OP(MD) No.14062 of 2023 Date :03/08/2023 SS//03/08/2023/4P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023