M. Surya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1 M. SURYA 2 VIJAYAN ... PETITIONERS / ACCUSED NOS.6 & 7 Vs STATE REP BY THE INSPECTOR OF POLICE THURAIYUR POLICE STATION, TRICHY CRIME NO. 610 OF 2021 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. JEGADEESH PANDIAN.M. Advocate For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A6 and A7 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 429, 147, 148, 324, 506(ii) IPC r/w 25(1B)(a) and 27(1) of Arms Act, 1959 r/w section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.610 of 2021 on the file of the respondent police, seek anticipatory bail.
2.According to the prosecution, on 18.11.2021 at about 7.30 in the morning, A1 was armed with a gun and along with the other accused, attempted to take away the pigs, which were killed by A1 shot-gun.
3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State. 4.Reading of the FIR and hearing of the learned Additional Public Prosecutor and the petitioner shows that dispute arose between two groups over damaging of crops of the complainant. 5.It is also informed to this court that the petitioners are having adjacent lands. Because of that, frequent trouble arose between two groups. Out of the above said dispute, the present 1/3
occurrence said to have taken place.
6.The specific allegation that has been made against A1 is that he only shot dead the pigs. Other accused were trying to take away the pigs. Subsequent to the above said shooting of the pig, appears that assault was also been made upon the de-facto complainant party. Three persons were injured in the alleged occurrence. 7.The learned Additional Public Prosecutor would submit that all the injured persons have been discharged from the hospital. 8.Considering the limited role that has been alledgedly played by the petitioners in the above said occurrence, this Court is inclined to enlarge the petitioners on anticipatory bail with certain conditions.
9.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thuraiyur, Trichy District and on each of them executing 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 petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 10.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/- 09/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE THURAIYUR, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
2/3
3 THE INSPECTOR OF POLICE THURAIYUR POLICE STATION, TRICHY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :09/12/2021 TR/VR/SAR-I(20.12.2021) 3P 5C 3/3