Thangapandiyan v. Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Thangapandiyan 2.Sasikumar ... Petitioners/Accused Rank Not Known Vs The State, represented by The Inspector of Police, Annavasal Police Station, Pudukottai District.
Crime No.240 of 2022.
... Respondent/Complainant For Petitioner : Mr.Ganapathi Subramanian.P Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.240/2022 on the file of the Respondent police. ORDER : The Court made the following order :- 1/5
The petitioners/Accused rank not known, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 294(b), 324, 427, 506(ii), 379 I.P.C. Section 4 of Tamil Nadu Prohibition of Harassment to Women Act, 2002, in Crime No.240 of 2022 on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that there was some land dispute between the defacto complainant and the petitioners. Due to previous motive, on 25.06.2022 at about 9.30 p.m., when the defacto complainant and his family members were sleeping, the petitioners and others came to the house of the defacto complainant with wooden log, attacked, scolded them using filthy language, also threatened them with dire consequences and thereby caused injuries. 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. Due to previous motive, false complaint has been lodged against the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that Accused No.7 and 8 have been arrested and released on bail.
5. Perusal of CD file shows that some of the co-accused have been granted anticipatory bail by the learned Principal District and Sessions Judge, Pudukkottai. 2/5
6. Considering the nature of offence, it is the issue between the relatives, coaccused have been granted either bail or anticipatory bail and the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Ten Thousand only) to the credit of Cr.No.240 of 2022 before the trial Court concerned towards the cost of damage to the vehicle and for the loss of mobile phone, without prejudice to his rights and contentions before the trial Court.
8. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Illuppur, on condition that the petitioner shall execute a 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 3/5
9. 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/- 24/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE JUDICIAL MAGISTRATE ILUPPUR.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
INSPECTOR OF POLICE ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15432 of 2023 Date :24/08/2023 PKP/JGB/SAR- /07.09.2023/ 5P/5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5