Chellaiah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Chellaiah 2.Chinnammal 3.Logeswaran ... Petitioners/Accused Nos.1 to 3 Vs State Rep.by The Inspector of Police, Sempatti Police Station, Dindigul District (Crime No.91 of 2023).
... Respondent/Complainant For petitioners :
Mr.S.Sathya Chidambram, 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.91 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 341, 448 and 506(ii) of I.P.C, in Crime No.91 of 2023 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the defacto complainant purchased a property for her son. But, the petitioners purchased the above said property from the defacto complainant's son without the defacto complainant's knowledge. Hence, she filed a suit in O.S.No.739 of 2019 before the Sub Court, Dindigul. At this junctutre, on 11.02.2023 at about 5.00 p.m., the petitionerss went to the defacto complainant's house and given life threat to withdraw the above said case. Further, they tried to attack her with deadly weapons. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution. Due to previous enmity, a false complaint has been given against the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that a civil suit is pending before the concerned Court.
5. Considering the facts and circumstances and also considering the fact that a civil suit is pending before the Sub Court, Dindigul, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Athur, Dindigul District, on condition that the petitioners 2/4
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 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.
8. The petitioners shall file an undertaking affidavit before the trial Court stating that they will not make any trouble to the defacto complainant, they will not compel her to withdraw the above said civil suit, which is pending and not to indulge any kind of offences in future. If any case is registered against the petitioners in future, the anticipatory bail that has been granted in this case, will stand automatically cancelled without reference to this Court. sd/- 05/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, ATHUR, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, SEMPATTI POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE SUBORDINATE JUDGE, DINDIGUL.
+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-13283[I] dated 05/09/2023 )
ORDER
IN CRL OP(MD) No.16088 of 2023 Date :05/09/2023 RS/JGB/SAR-(13.09.2023) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4