Durgadevi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Durgadevi 2.Karthi ... Petitioners / Accused Vs The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

(Crime No.338 of 2023.) ... Respondent / Complainant For Petitioner :

Mr.Raja Karthikeyan, 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.338/2023 on the file of the Respondent police. ORDER : The Court made the following order :- 1/4

The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 307 of I.P.C., in Crime No.338 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant's brother is a cousin of the first accused. Over purchasing of some properties, enmity and trouble has been arisen between them. On 02.06.2023 at about 3.00 p.m., when the defacto complainant was standing in front of his house, her brother was abused, criminally intimidated and was assaulted with wooden log by this petitioner. Similarly, the defacto complainant was also assaulted and sustained injuries. Both were taken to the hospital. 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. Because of the enmity exist between the petitioner and the defacto complainant's party over purchase of land, occurrence said to have taken place. There is no enmity between them except the land issue.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that injured have been discharged from the hospital.

5. Considering the nature of offence and the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the 2/4

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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur 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 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/- 17/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 3/4

To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.RAJA KARTHIKEYAN, Advocate ( SR-12402[I] dated 17/08/2023 )

ORDER

IN CRL OP(MD) No.14952 of 2023 Date :17/08/2023 ED/VR/SAR- (29/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4