Thanalakshmi v. The Inspector Of Police
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.16017 of 2023 1.Thanalakshmi 2.Mathiyalagan ... Petitioners/ Accused Nos.1 and 2 Vs The State represented by The Inspector of Police, Jambunathapuram Police Station, Trichy District.
Cr.No.177 of 2023.
... Respondent/Complainant For Petitioners : M/s.M.Balamurugan, 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.177 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), 323, 324 and 506(i) of IPC in Crime No.177 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the due to previous enmity over a property issue, on 27.08.2023, there arose a scuffle between the petitioners and the defacto complainant. In this incident, the petitioners alleged to have abused the defacto complainant with filthy words and also criminally threatened him. 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.
4. The learned Additional Public Prosecutor would submit that a trouble has arisen between the brother and sister over a property dispute. No previous case has been registered against them. The injured in this case has been discharged from the hospital.
5. Considering the facts and circumstances of this case and the fact that the injured has been discharged from the hospital, 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, Musiri, 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.
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/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE JUDICIAL MAGISTRATE, MUSIRI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.
3 THE INSPECTOR OF POLICE JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.VEERAPANDI SELVARAJ, Advocate ( SR-13180[I] dated 04/09/2023 )
ORDER
IN CRL OP(MD) No.16017 of 2023 Date :04/09/2023 SS/VRS/12/09/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023