Matchakalai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Matcha kalai 2.Chellammal 3.Thangapandi 4.Sugendran ... Petitioners/Accused Nos.1 to 4 Vs The State represented by The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.
Cr.No.240 of 2023.
... Respondent/Complainant For Petitioners : M/s.S.BALAJI, Advocate.
For Respondent : Mr.R.SURESH KUMAR Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.240 of 2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.240 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/4
2. The case of the prosecution is that on 24.07.2023, the petitioners alleged to have entered into the agricultural land of the defacto complainant with deadly weapons and abused the defacto complainant with filthy language and attacked him. The defacto complainant sustained injuries and admitted in the hospital. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has not committed any offence as alleged by the petitioner. He has been falsely implicated in this case. A counter case was also registered against the defacto complainant.
4. Learned Government Advocate (Crl.side) would submit that it is a case, case in counter which taken place because of the land issue between two parties. A counter case in Crime No.233 of 2023 was also registered. Learned Government Advocate (Crl.side) would further submit that in both the cases, the injured persons has been discharged from the hospital. The earlier application moved by this petitioners before the learned Principal Sessions Judge, Madurai, was dismissed on 08.08.2023, because of the non discharge of the injured from the hospital. The first petitioner is having two previous cases, out of which one case ended in acquittal.
5. Considering the facts and circumstances of this case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant relief to 2/4
the petitioners.
6. 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 No.1, Usilampatti, 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 of 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 petition for anticipatory bail stands dismissed. sd/- 14/08/2023 / 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.I USILAMPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
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3 THE INSPECTOR OF POLICE USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.BALAJI, Advocate ( SR-12284[I] dated 14/08/2023 ) ORDER IN CRL OP(MD) No.14782 of 2023 Date :14/08/2023 SA/VRS/29/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4