Jayapal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19354 of 2021

1. Jayapal

2. Veeru

3. Sumathi

4. Priya

5. Tamilselvi

6. Thirumathi ... Petitioners/Accused No.2-7 Vs State rep.by The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

(Crime No.465 of 2021).

... Respondent/Complainant For Petitioners: M/s.Joseph Jerry A, Advocate. For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.465 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.2 to 7, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 506(i) I.P.C. and Section 4 of Women Harassment Act, in Crime No.465 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there is a dispute between the parties regarding the allotment of commercial place in the market for selling vegetables. Due to which, quarrel arose between them. 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. There is a case in counter case has been registered.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that none has been sustained any injury.

5. Considering the nature of offence, the overt act attributed against the petitioners and no one has sustained any injury, this Court is inclined to grant anticipatory bail 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, Thiruppuvanam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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/- 07/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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.

TO

1. THE JUDICIAL MAGISTRATE, THIRUPPUVANAM.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, THIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.JOSEPH JERRY A Advocate SR.No.8954

ORDER

IN CRL OP(MD) No.19354 of 2021 Date :07/12/2021 SP/VR/SAR II/13/12/2021/3P/6C