Ganesan 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.Ganesan 2.Ramachandran 3.Theivanai ... Petitioners/Accused Nos.1 to 3 Vs State Rep.by The Inspector of Police, Natham Police Station, Dindigul District.
Cr.No.383 of 2023.
... Respondent/Complainant For Petitioners :
M/s.G.Karnan, Advocate.
For Respondent :
Mr.S.Manikandan Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Bail in Crime No.383 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 and 506(i) of IPC in Crime No.383 of 1/4
2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are neighbours. Already there exists a dispute between the parties, with regard to grazing the goats. On 01.08.2023, at about 6.00 p.m., the goats of the petitioners entered into the field of the defacto complainant and damaged the jasmine plants. When the same was questioned, the petitioners abused the defacto complainant with filthy words, attacked him and criminally threatened him. The defacto complainant sustained injury in the above said incident. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocents, they have not committed any offence as alleged by the petitioner. They have been falsely implicated in this case.
4. Learned Government Advocate (Crl.side) would submit a case has been registered over a petty issue arose between the neighbours. Injured person has been discharged from the hospital.
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 the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are 2/4
ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Natham, Dindigul District, 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 / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn To 1 THE JUDICIAL MAGISTRATE, NATHAM, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3/4
3 THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.G.KARNAN, Advocate ( SR-12279[I] dated 14/08/2023 )
ORDER
IN CRL OP(MD) No.14817 of 2023 Date :14/08/2023 RS/JGB/SAR-(05.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4