Mookaiya v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14099 of 2023
1. Mookaiya
2. Jegan
3. Ajith
4. Nithya @ Nathiya ... Petitioners/Accused No.1 to 4 Vs The State represented by The Sub Inspector of Police, Anna Nagar Police Station, Madurai City.
Crime No.475 of 2023..
... Respondent/Complainant For Petitioners : M/s.Ramesh C, 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.475 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 427 and 506(i), in Crime No.475 of 2023 on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that on 21.07.2023 at about 10.30 hours, the defacto complainant's relatives were standing infront of a tree, the accused persons came to the spot and instructed to go from that place. Therefore, some wordy quarrel arose between the parties. Subsequently, on the very same day at about 11.30 p.m, the petitioners went to the defacto complaint house and abused her in filthy language and also damaged the house hold articles.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that due to some land dispute, a false case has been given against the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioners trespassed into the defacto complainant's house and also threatened her and damaged the defacto complainant's house hold articles, its worth is about Rs.15,000/-(Rupees Fifteen thousand only). He further submitted that no previous case is pending against the petitioners.
5. Considering the nature of offence and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petitions are 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.VI, Madurai, 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 on every Saturday 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 petitions for anticipatory bail stands dismissed.
8. The petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Cr.No.475 of 2023 on the file of learned Judicial Magistrate No.VI, Madurai and the defacto complainant shall with draw the same without waiting of the result of the case by following appropriate proceedings. sd/- 02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE SUB INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14099 of 2023 Date :02/08/2023 SS/BUC/21/08/2023/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023