K.Kannaiyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.K.Kannaiyan 2.R.Ramesh 3.G.Krishnamoorthy 4.K.Baskar 5.S.Muthu @ Muthaiyan 6.S.Ulaganathan ... Petitioners / Accused Nos.3,4,5,6,7,8 Vs The State represented by The Inspector of Police, Thiruviaimaruthur Police Station, Thanjavur District.
Crime No.542 of 2023.
... Respondent / Complainant For Petitioner : M/s.R.L.DHILIPAN PANDIAN, Advocate For Respondent : Mr.B.NAMBISELVAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.542 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 307, 323, 324 1/4
of IPC and Section 4o f TNPHW Act, in Crime No.542 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous motive that exists between the petitioners and the defacto complainant, on 31.07.2023, the petitioners assaulted the defacto complainant, abused her with filthy language and criminally intimidated her. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. They seek for the relief of anticipatory bail.
4. The learned Additional Public Prosecutor would submit that trouble has arisen over claiming right of a poromboke land, between the petitioners and the defacto complainant. Both sides got injuries. A counter case has also been filed against the defacto complainant herein in Crime No.541 of 2023. Injured in both the cases have been discharged from the hospital.
5. Considering the facts and circumstances of this case and also the fact that a dispute has arisen over claiming right of a poromboke property and the fact that the injured has been discharged from the hospital, this Court is inclined to grant relief to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners 2/4
are ordered to be released on bail in the event of arrest or on his appearance, before the learned District Munsif cum Judicial Magistrate Court, Thiruvidaimaruthur, Thanjavur District, 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. scrupulou
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/- 10/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, THIRUVIDAMARUTHUR, THANJAVUR DISTRICT.
3/4
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, THIRUVIAIMARUTHUR POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14599 of 2023 Date :10/08/2023 SA/SAR. /28.08.2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4