Kumaresan 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. Kumaresan,

2. Sundara Praveen @ Praveen,

3. Subarobin @ Rabeen,

4. Mokkaraj,

5. Padma @ Pathuma ... Petitioner/Accused No.1 to 5 Vs State Rep.by The Inspector of Police, Rayappanpatti Police Station, Theni District.

(Crime No.200 of 2023).

... Respondent/Complainant For Petitioner :

Mr.S.Balaji, 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.200 of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused No.1 to 5, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 448, 324 and 109 of IPC, in Crime No.200 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute between the neighbours, the petitioners assaulted the defacto complainant and her husband with wooden sticks, thereby, they sustained injuries. 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.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a land dispute between the parties. The injured person in this case has been discharged from the hospital.

5. Considering the nature of offence and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to 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, Uthamapalayam, Theni District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- 2/4

(Rupees Ten Thousand only) with two common sureties 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

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 (*)CORRECTED AS PER ORDER OF THIS COURT DATED 27.09.2023 IN CRL OP(MD) NO.14834 OF 2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO TO BE SUBSTITUTED WITH THE ORDER DATED 14/08/2023 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3/4

3 THE INSPECTOR OF POLICE, RAYAPPANPATTI POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.BALAJI, Advocate ( SR-12299[I] dated 16/08/2023 )

ORDER

IN CRL OP(MD) No.14834 of 2023 Date :14/08/2023 RS/VRS/SAR-(07.09.2023) 4P 6C RK/VRS/ (11.10.2023) 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4