Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Saravanan 2.Ranjitha ... Petitioners / Accused Nos.1 and 2 Vs The State represented by The Inspector of Police, Lalapet Police Station, Karur District.
Crime No.259 of 2023.
... Respondent / Complainant For Petitioners : M/s.R.Balakrishnan, 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.259 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 323 of IPC and Section 4 of the Prohibition of Harassment of Women Act, in Crime No.259 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 23.07.2023, when the defacto complainant was in her house, the petitioners went there and enquired about the storing of stones in the petitioner's land. The defacto complainant replied them that they stored the stones only in their property for the purpose of construction of house. There arose a wordy quarrel. The petitioners alleged to have pushed the defacto complainant down and damaged her cloth, attacked her and her husband, abused them in filthy language. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent, they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. The petitioners have given a complaint over the same issue and the petitioner's complaint was not registered. 2/5
4. The learned Government Advocate (Crl.side) would submit that dispute arose between the defacto complainant and the petitioners over a construction work of the defacto complainant's house.
5. Considering the facts and circumstances of this case and also the fact that a trouble has arisen out of a wordy quarrel, this Court is inclined to grant relief to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.1, Kulithalai, on condition that the petitioners 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 on further condition that 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. 3/5
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 petition for anticipatory bail stands dismissed. sd/- 08/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn TO 1.THE JUDICIAL MAGISTRATE NO.1, KULITHALAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.
3.THE INSPECTOR OF POLICE, LALAPET POLICE STATION, KARUR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.S.ASHOK, Advocate ( SR-12038[I] dated 09/08/2023 )
ORDER
IN CRL OP(MD) No.14416 of 2023 Date :08/08/2023 RK/VRS (22/08/2023) 5P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5