Madras High CourtCRL OP(MD)/19995/2021granted

Boominathan v. The Inspector Of Police

2021-12-15Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.19995 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19995 of 2021

1. Boominathan

2. Arumugam

3. Ramanathan

4. Sornalingam

5. Senthilkumar @ Kumar

6. Nagalingam

7. Nagarjuna

8. Veerapathiran

9. Subramanian ... Petitioners/Accused Nos.1 to 9 Vs The State rep.by The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

Cr.No.561/2021.

... Respondent/Complainant For Petitioners: Mr.S.M.SANJAY, 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.561 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 9, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 341, 506(i) I.P.C, in Crime No.561 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 11.12.2021, the accused persons alleged to have made a tress pass into the property of the defacto complainant and when the same was objected and prevented by him, the accused persons abused and criminally intimidated the defacto complainant.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that a suit in O.S.No.196 of 2021 is https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19995 of 2021 pending on the file of the Sub Court, Devakottai and even interim order of injuction has been granted in I.A.No.2 of 2021 against the petitioners 1 to 3, they have entered into the property.

5. Considering the facts and circumstances of the case and the nature of offence, 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, Devakottai, 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/- 15/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, DEVAKOTTAI.

2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19995 of 2021 Date :15/12/2021 SA/VR/SAR.2/22.12.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2