Palaniappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Palaniappan 2.Ravi ... Petitioners / Accused Nos. 1 and 2 Vs State Rep.by The Inspector of Police, Orathanadu Police Station, Thanjavur District.

Cr.No.713 of 2023.

... Respondent/Complainant For Petitioners :

M/s.T.Eashwar, Advocate.

For Respondent :

Mr.B.Nambiselvan Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.713 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), 324, 506(ii) of IPC in Crime No.713 of 1/4

2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 05.08.2023 at about 7.30 a.m., due to previous motive between the defacto complainant and the petitioners, when the first petitioner went along the defacto complainant's house, the same was questioned by the defacto complainant. Therefore, the first petitioner along with the second petitioner, abused the defacto complainant with filthy words, attacked her with wooden log and iron rod and caused injuries. Thereafter criminally threatened her with dire consequences. The defacto complainant was later admitted in the hospital for treatment. Hence the present complaint came to be registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submit that trouble arose between the neighbours over previous motive. No previous case has been registered against the petitioners.

5. Considering the facts and circumstances of this case and the fact that a wordy quarrel arose between the neighbours due to previous motive, 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 Court, Orathanadu, 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 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 18/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1 THE JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.T.EASHWAR, Advocate ( SR-12469[I] dated 18/08/2023 )

ORDER

IN CRL OP(MD) No.15042 of 2023 Date :18/08/2023 RS/JGB/SAR-(08.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4