Seelaikari @ Sinnathai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Seelaikari @ Sinnathai, ... Petitioner/Accused No.2 Vs The State Rep. by, The Inspector of Police, Devarkulam Police Station, Tirunelveli District.
(Crime No. 303 of 2021).
... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajesh Kumar,Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 303 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.2 who apprehends arrest at the hands of the respondent police for the offence punishable under sections 341, 294(b), 352, 307 and 506(ii) of IPC, in Crime No.303 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to land dispute between the parties, on 15.11.2021, the petitioner and the other accused assaulted the defacto complainant and caused grievous injuries to him. Hence, this complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. He would further submit that A1 was released on regular bail by the Sessions Court, Tirunelveli and A3 was granted anticipatory bail by the same Court. Hence, he seeks anticipatory bail to the petitioner.
1/3
4.The learned Additional Public Prosecutor would submit that it is a land dispute between the parties. The petitioner and the other accused assaulted the defacto complainant and caused injuries on his left side of the face, right wrist, little finger of the right hand and both legs. He would further submit that A1 was released on regular bail and A3 was granted anticipatory bail by the Principal District Judge, Tirunelveli and the injured was admitted in the hospital on 15.11.021 and discharged on 20.12.2021. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and co-accused were released either on regular bail or anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli, Tirunelveli District, and the petitioner is being lady aged about 63 years, she shall report before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 7.The petitioner 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/- 23/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
2/3
TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI, TIRUNELVELI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, DEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18234 of 2021 Date :23/12/2021 PKP/JC/SAR-2/05.01.2022/3P/5C 3/3