Pushbhavalli v. The Inspector Of Police
CRL OP(MD). No.16281 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.09.2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16281 of 2022 1.Pushbhavalli 2.Selvasundari @ Shanmugasundari 3.Manivel ... Petitioners/Accused No.1 to 3 Vs The State rep.by The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.
Crime No.117 of 2022 ... Respondent/Complainant For Petitioners : Mr.S.KASIRAJAN Advocate.
For Respondent : Mr.M.VAIKKAM KARUNANITHI Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.117 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 447, 427 of IPC @ 447, 427, 147, 148, 120(b) and 34 IPC in crime No.117 of 2022, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners have threatened the de-facto complainant to give his land to the petitioner for doing real estate business and damaged the fence put up by the de-facto complainant in his land, scolded him with filthy language and threatened him with dire consequences. Hence, the complaint.
3.The learned counsel for the petitioners would submit that due to property dispute between the parties, a false case was foisted against the petitioners. Hence, he prays for anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.16281 of 2022 4.The learned Government Advocate (Crl. side) would submit that due to land dispute, all the accused attacked the de-facto complainant and caused damage to the fence worth about Rs.80,000/-. He would further submit that A1 and A2 are having four previous cases and A3 is having one previous case and the investigation is in preliminary stage. Hence, he strongly opposed to grant anticipatory bail.
5.Considering the gravity and nature of the offences and also considering the overt act against the petitioners and also the fact that the investigation is in preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 26/09/2022 / TRUE COPY / /10/2022 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 INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TENKASI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16281 of 2022 Date :26/09/2022 SJI SA/GB/SAR. /07.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2