Sarathkumar 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.Sarathkumar 2.Prabu ... Petitioners/ Accused Nos. 1 to 2 Vs The State rep.by, The Inspector of Police, Navalpattu Police Station, Trichy City.
Cr.No.178 of 2023.
... Respondent/Complainant For Petitioners : M/s.S.Ramsundarvijayraj Advocate.
For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5
PRAYER :- For Anticipatory Bail in Crime No.178 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.178 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there exists a land dispute between the defacto complainant and his elder brother. On 05.08.2023 at 12.00 p.m., there was a wordy quarrel between them. On that account, on the same day at about 11.30 p.m.,, the accused persons went to the defacto complainant's house, attacked her. Hence the complaint.
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.
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4. The learned Additional Public Prosecutor would submit that the petitioners and the defacto complainant are brothers and sister and trouble has arisen between them over a land dispute.
5. Considering the facts and circumstances of this case and the fact that trouble has arisen between the brothers and sister over a land dispute, this Court is inclined to grant relief 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 No.III, Trichy 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.
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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 NO.III, TRICHY DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3.THE INSPECTOR OF POLICE, NAVALPATTU POLICE STATION, TRICHY CITY.
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4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-12439[I] dated 18/08/2023 )
ORDER
IN CRL OP(MD) No.15112 of 2023 Date :18/08/2023 RK/VR (08/09/2023) 5P /6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5