Madras High CourtCRL OP(MD)/14356/2023granted

Ukkirapandian v. The Sub Inspector Of Police

2023-08-16Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14356 of 2023 1.Ukkirapandian 2.Marimuthu @ Kurudan 3.Veerakumar 4.Muthuramalingam 5.Kuttakamal @ Ramar 6.Sethupathi @ Kitchan ... Petitioners/Accused Nos.1,2,4 to 6 & 8 Vs The State, represented by The Sub-Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

Crime No.86 of 2023.

... Respondent/Complainant For Petitioner : Mr.M.Mahendra Prabhu, Advocate.

For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.86/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused No.1, 2, 4 to 6 and 8, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 506(ii) I.P.C, in Crime No.86 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the Village Administrative Officer, when he was on duty, the petitioners and some other persons gathered illegally in Appanur junction, with intention to riot in the Punavasal village. They were roaming around the said village with weapons and used filthy language in the village. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. Actually, already there is dispute between the Appanur and Punavasal village people. Only for the safety purpose, the petitioner roaming around their village and they have not made any trouble to the peaceful life of the punavasal village's people.

4. When the matter was taken up for hearing on 07.08.2023, the learned Government Advocate (Crl.Side) was required to verify whether there was any damage that was alleged to have caused by the defacto complainant's shop. Today, the learned Government Advocate (Crl. Side) would submit that there is no damage caused to the defacto complainant's shop. Further, the first petitioner is having seven previous cases, third petitioner is having four previous cases, fourth petitioner is having four previous cases, the petitioners No.2, 5 and 6 are having no previous cases at their credit.

5. The respondent Police is present before this Court and stated that because of group rivalry between two groups of people, several cases have been registered against both the parties. In this case, none was injured.

6. Considering the nature of offence, none is injured and no damage has been caused by the petitioners to the defacto complainant's shop, this Court is inclined to grant anticipatory bail to the petitioners.

7. 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, Kadaladi, 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 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. 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 stands dismissed. sd/- 16/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE, KADALADI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE SUB INSPECTOR OF POLICE KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14356 of 2023 Date :16/08/2023 SS/VR/23/08/2023/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023