Vairavel @ Vairavelu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14907 of 2023 1.Vairavel @ Vairavelu 2.Geetha 3.Muthulakshmi 4.Panja @ Panchavarnam 5.Thangababu @ Thangapappa 6.Rajendran ... Petitioners/Accused Nos.1 to 6 Vs The State, represented by The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.
Crime No.165 of 2023.
... Respondent/Complainant For Petitioner : Mr.Senthil Murugan.C Advocate.
For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.165/2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 323, 324, 506(ii) I.P.C., in Crime No.165 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a suit pending between the parties. Due to previous motive, on 28.06.2022, these petitioners caused hindrance in front of the defacto complainant, when the same was questioned by him, he was assaulted with wooden logs and threatened with dire consequences by the petitioners. Thereafter, the defacto complainant lodged the complaint before the Judicial Magistrate Court, Nilakkottai under Section 156(3) of Cr.P.C. And on the direction issued by the learned Judicial Magistrate, this case came to be registered.
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 was long delay in filing the complaint.
5. Considering the nature of offence and also considering the long delay in filing the complaint, 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, Nilakkottai, on condition that (*)the petitioners shall execute a bond for a sum of Rs10,000/- (Rupees Ten Thousand Only) common surety 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/- 16/08/2023 (*) Modified as per the order of this Hon'ble Court in CRL MP(MD)No.874 & 876 of 2024 in CRL OP(MD) No.14907 of 2023 dated 30/01/2024.
Further time for surrender and execution of sureties is extended by two weeks from the date of receipt of a copy of this order.
/ TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU
TO TO BE SUBSTITUTED WITH THE ORDER DATED 16/08/2023 ALREADY DESPATHCED 1 THE JUDICIAL MAGISTRATE NILAKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-12330[I] dated 16/08/2023 ) +2 CC to M/s.R..SENTHIL KUMAR, Advocate ( SR-1159, 1160[I] dated 30/01/2024 )
ORDER
IN CRL OP(MD) No.14907 of 2023 Date :16/08/2023 SS/VR/22/08/2023/4P/6C DSS SS/GS/SAR - /06/02/2024/ 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023