Madras High CourtCRL OP(MD)/16008/2023granted

Sathishkumar v. The Inspector Of Police

2023-09-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16008 of 2023 Sathishkumar ... Petitioner/Accused Rank not known Vs State represented by The Inspector of Police, Ariyamangalam Police Station, Trichy City.

Cr.No.1236 of 2023.

... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.

For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1236 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent

police for the offences under Sections 294(b) and 506(i) of IPC in Crime No.1236 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a tenant under the petitioner and paid an advance amount of Rs.1 Lakh for occupying the landed property of the petitioner. When the defacto complainant informed the petitioner that he is vacating the house and asked the advance amount back, the petitioner along with another accused, abused him with filthy language, threatened him with dire consequences. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submit that a trouble has arisen between the landlord and the tenant over occupation of a property. No previous case has been registered against them.

5. Considering the facts and circumstances of this case and the fact that no previous case was registered against the petitioner, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the

learned Judicial Magistrate No.6, Trichy, on condition that the petitioner 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 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 of Cr.P.C., scrupulously.

7. The petitioner 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/- 04/09/2023 / TRUE COPY / 12/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE JUDICIAL MAGISTRATE NO.6 TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.

3 THE INSPECTOR OF POLICE ARIYAMANGALAM POLICE STATION, TRICHY CITY.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-13181[I] dated 04/09/2023 )

ORDER

IN CRL OP(MD) No.16008 of 2023 Date :04/09/2023 SS/VRS/13/09/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023